Legal Question in Intellectual Property in Indiana

We entered into a marketing agreement with an Indiana technology firm to market products using their technology throughout Latin America. The technology firm has since ceased communicating with us (after our investment of two years and almost $100,000 in costs) and it now appears to be using our marketing plan. We asked for a non-compete, confidentiality agreement but were told that our existing marketing agreement protected us and that we did not need a new one.

The marketing plan was unique and identified a several billion dollar potential for a use of the manufacturer's technology. This application and sales plan had not been contemplated by the Indiana firm prior to our proposals and submission of a complete marketing plan with financial projections.

Essentially, they have taken our marketing plan, dismissed us (without compensation) and are now marketing this new product worldwide - according to a recent news release.

We are interested in determining if we have any legal basis for recovery of our time and investment.

Michael


Asked on 3/09/10, 12:26 pm

1 Answer from Attorneys

Kenan Farrell KLF Legal

Michael -

The billion dollar question is...did your existing marketing agreement protect you? An attorney may need to review that document to tell you if you're covered. In addition to breach of contract, you may potentially have claims of copyright infringement, stealing trade secrets and fraud. I suggest you contact an attorney who can discuss your situation in detail.

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Answered on 3/14/10, 12:36 pm


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