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I pitched a business idea (in person and in writing-with acknowledment), now the company is doing

  • 26-12-2023 11:55am
    #1
    Registered Users, Registered Users 2 Posts: 12


    Hi everyone,

    As the title suggests, I have pitched a business idea to a large multinational company. At the time the (2020-2021 ish), they told me that they had no interest in funding the project etc.


    Approximately 6 month ago, said company announced that they would start services, exactly as I had pitched. I mean down the letter, even using the specific product I had suggested. On initial contact with them, I already had a website up and running, showing the concept. I was trying to claim some land effectively. There is no doubt that my idea for the service is exactly what they are planning to do. I initially contacted the relevant person, write a fairly detailed email, and had a follow up zoom etc.


    I have briefly checked the intellectual property protection and of course it states that only specific products, works of art etc can be trademarked/patented/copyrighted but I feel that I would have a strong case if this company begins operations and is succesful, which I believe it will.


    I suppose the ultimate question is one for a solicitor but can anyone advise, would a court look at this on a case by case basis. I mean the emails and socials should prove interaction, and receipt of information.


    I feel a bit bullied in that as the small guy, the people with money have just come along and bulldozed their way through. Depending on the progress of this company over the next 12-24 months, I feel if there is no give on their part (i expect further informal meetings throughout 2024), I would like to take this further.


    Ultimately, I have worked very hard on the project for 3 years, and I don't want to be made a fool of, and go down without a fight.


    If anyone can offer some initial advice and possibly even recommend a good solicitor that would specialise in IP, that would be great.


    Thanks very much,

    SH



Comments

  • Registered Users, Registered Users 2 Posts: 918 ✭✭✭z80CPU
    Darth Randomer


    Consult a solicitor if you haven't already got one set up a consultation with one. Good luck.



  • Registered Users, Registered Users 2 Posts: 10,910 ✭✭✭✭28064212


    @Sukhoi35

    I have briefly checked the intellectual property protection and of course it states that only specific products, works of art etc can be trademarked/patented/copyrighted but I feel that I would have a strong case if this company begins operations and is succesful, which I believe it will.

    How did you reach the "but" in this sentence? You've basically said "I have no case, but I feel I have a case". What makes you feel that?

    IANAL, but unless you had some sort of agreement in place prior to discussing it with the company, I can't see you having any grounds for a case.

    Secondly, ideas don't make money - execution does. Have a read of this: Your Ideas Have No Value.

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  • Registered Users, Registered Users 2 Posts: 4,669 ✭✭✭Treppen


    Pitch to competitors, offer consultancy.



  • Registered Users, Registered Users 2 Posts: 12 Sukhoi35


    If you check the next paragraph where I say


    "I suppose the ultimate question is one for a solicitor but can anyone advise, would a court look at this on a case by case basis. I mean the emails and socials should prove interaction, and receipt of information".


    I believe that addresses that to some extent. I was acknowledging the IP grounds which I would not be able to progress on, but asking (as I am not a solicitor), if there are any other grounds (say breach of confidentiality, or similar), which i could possibly proceed. My understanding of the aforementioned IP categories, is that it is very cut and dry.


    My main question again, is if a civil court or judge or whatever, is likely to look at this on a specific case by case basis. ie If a case does not simply fall in a very straightforward category, will it still be looked at, and perhaps a precedent can be set.

    Not to go off on one but the only thing that springs to mind was the Facebook case. Didn't those guys take a case for the idea.


    Regarding the obvious quotes such as "ideas are 10 a penny and execution is everything", I feel as though my idea was well past simply an idea and communicated very specifically.


    I have designed and trademarked the Logo and similar logos, have formulated a business plan, and had a pending LOI/MOU to purchase equipment from a manufacturer. I am being undercut and forced out and I will not accept "Ideas are worth nothing etc,


    Thanks guys,


    SH



  • Registered Users, Registered Users 2 Posts: 10,910 ✭✭✭✭28064212


    @Sukhoi35

    My main question again, is if a civil court or judge or whatever, is likely to look at this on a specific case by case basis. ie If a case does not simply fall in a very straightforward category, will it still be looked at, and perhaps a precedent can be set.

    That's not how the courts work. You (and your solicitor) will have to state on what grounds you are taking a case. The courts will then rule whether those grounds are valid. They will not consider grounds that you are not suing for, you cannot take an open-ended case of "I think they did something wrong"

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  • Registered Users, Registered Users 2 Posts: 3,384 ✭✭✭Kaisr Sose


    FX Kelly Solicitors are specialists in this area.



  • Registered Users, Registered Users 2 Posts: 12 Sukhoi35


    Thank you



  • Registered Users, Registered Users 2 Posts: 8,830 ✭✭✭Gloomtastic!


    Sorry for your loss OP.

    You now have to decide whether you want to spend good money on legal advice. Please remember with legal cases, the deepest pockets usually win and multinationals have incredibly deep pockets. They also have the upper ground because they have launched ahead of you with considerable resources behind them.

    What have you learnt from this whole experience? What would you do differently? Next time, try harder, fail better.



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