Legal Question in Legal Ethics in Pennsylvania

New product idea

I would like to get my money back from a company I paid to market an idea I had. I do not believe they lived up to their end of the bargain and I feel scammed.


Asked on 6/03/04, 1:07 pm

1 Answer from Attorneys

William Marvin Cohen, Placitella & Roth, P.C.

Re: New product idea

Perhaps you were scammed. Probably most of those inventors or "idea" assistance companies who advertise on TV make their profits on fees from hopefuls rather than sales of the product. But even if they took advantage of, perhaps, your inexperience in developing business ventures, that doesn't mean you have a legal basis to get your money back.

I'm writing this, hopefully, for the benefit of others who may be considering similar investments, as well as your own information.

I'd assume that this company had a written contract for you to sign. That should have set out what they would do to market your idea.

Did that contract give any definite benchmarks for their performance, such as ad placements, number of prospects called, or specific P.R. efforts? Did it guarantee results?

Frankly, I'd be very surprised if it said any of those things. Most likely, the contract said something about a program based on its "judgment" or "discretion" or maybe even "best efforts."

Unless the company promised something specific which it did not perform, it would be pretty hard to prove a breach of contract, based just on your dissatisfaction.

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Answered on 6/03/04, 1:37 pm


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