Legal Question in Intellectual Property in Kentucky

We are a manufacturer of a product which is available in many forms and plans are readily available on the internet. We agreed to make a piece for someone who was then going to try to sell it to a gardening center. He is now saying that we entered into a contract (nothing was signed, just a few phone calls and emails), that the item is his intellectual property and is threatening to sue if we sell to anyone else or wants a 10% royalty on every piece sold. We had the idea to make the product but had not made the first one until he came to us at a local art fair.


Asked on 6/13/11, 4:50 pm

1 Answer from Attorneys
Kevin B. Murphy Franchise Foundations, APC

As a Franchise Attorney I can only say the following. This is not the type of question for which there is a simple answer. There are oral as well as written contracts. Also, the emails may amount to a written contract. The emails as well as all surrounding facts and circumstances need to be reviewed. Consult with a good intellectual property or franchise attorney in your area for specific advice.

Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.

Franchise Foundations, a Professional Corporation

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Answered on 6/14/11, 6:31 am


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