Legal Question in Intellectual Property in New York

Product Name

I recently met with a marketing group regarding design help for a new product our company is going to launch. We had investors at the time of the first meeting. The marketing group suggested a few names for the new product. We have since lost our investment partner and can no longer move forward with the marketing group and they have been informed of the situation. We met 2 times with this marketing group but never signed anything with their company, did not have a work contract and did not pay them anything. We like one of the names they recommended for the product. Our question is if we can use this name, do we need their permission as it was only a suggestion they made? Since we never had a contract and did not even begin work with this company are we able to use the product name?


Asked on 2/15/08, 8:24 pm

1 Answer from Attorneys
Nancy Delain Delain Law Office, PLLC

Re: Product Name

Good question. It can be argued either way. They will argue (and they will have a point) that you DID begin work with them and solicited suggestions from them, then didn't pay for the suggested name that you use. You will argue (and you will have a point) that you never had a contract and they suggested a name on their own accord.

You need a lawyer who will help you work this out with the marketing company BEFORE it turns into a bloody mess. Please feel free to give me a call; I firmly believe that it's far easier to work things like this out to everyone's satisfaction before anything happens that could lead to that expensive, miserable, time-consuming, emotionally draining process called litigation.

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Answered on 2/17/08, 8:42 am


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