Legal Question in Business Law in Illinois

Hair product company took idea and produced product

I wrote to a major hair product company for men with an idea for producing a product for women. I was told the company does not accept unsolicited ideas in this product catagory. The company has since gone on to produce products for women.

To protect my idea, I sent two copies of the letter to myself before sending the letter, return receipt, to the company President. I have not opened my letters.

Do I have any recourse with the company for using my idea?

Respectfully,


Asked on 3/26/98, 4:06 pm

1 Answer from Attorneys

Thomas Workman Law Offices of Thomas Workman

Sending Idea to self by Mail

I know that a lot of people send themselves an envelope with their idea in it, and then do not open the envelope, believing that this gives proof that an idea is theirs. One problem with this is that you can send an unsealed envelope to yourself (I get a lot of mail where the tab of the envelope is simply tucked in to the envelope, and is not sealed). You can see how such an envelope could later have something put in it, and the envelope sealed. This does not prove anything, unfortunately, except that an envelope was mailed to yourself before a given date.

Far better is to do the preparatory steps for a patent. These do not cost a lot of money. You can submit an "Information Disclosure Statement" to the patent office, and this establishes the date of invention in a much stronger way than mailing an envelope to yourself. Secondly, you can apply for a patent. More expensive, but then you have protection right around the corner. By sharing with a company, with no agreement that they will pay you if they use the idea, it is very difficult to prove that your submission of the idea was what caused the company to introduce the new product. It can be done, but it is expensive and difficult.

This message is provided to assist you in structuring your thoughts when you speak with an attorney about your situation. I am not your attorney, and you are not my client, so this is not legal advice. Legal advice can only be given after a careful interview of the client by the attorney, and I have not had the opportunity to understand the significant issues that I must understand to render legal advice. You should contact an attorney in your state to discuss your situation. That attorney can give you the advice that your situation deserves, after carefully considering the issues that are legally significant in your situation.

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Answered on 4/06/98, 5:01 pm


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