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i am small business - get products from big business - they are signed items.
New York, NY
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Posted 9 months ago in Contracts / Agreements
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i entered into agreement with big business to create for me a limited edition series of signed and numbered items. i paid a premium to have this done. i sold these items as limited edition to customers with certificate evidincing they were limited in number and to the certain series i had made. i now have seen this item being sold elsewhere but they were not part of the group i had big company create for me. i come to find out big company created the same item and sold to other vendors but did not include the certificate saying they were limited in number and were specific to a series. i believe big company has breached my exclusive agreement with me to create these in limited amounts and supply them only to me, to be sold through me. my reputation is at stake as are profits. i paid premium, other vendors it seems did not. my customers do not have what i promised! any advice. thanks.
Answers (1)
Richard Charles Bulman Jr.
This attorney is licensed in New York and 2 other states.
Posted 9 months ago.
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Your contract is critical to determining what remedy if any is available to you.
If you indeed had them agree to exclusively develop a product for you (rather than you exclusively buying from them), then there is a good chance you can sue for damages. Question is: did they develop the product for you and retain any rights for themselves? That is quite usual in product development. If you haven't sewn up all the rights related to the product, they can replicate for themselves ti very product you have created absent the pedigree (Ltd. edition rights). There is no shortcut but to find a lawyer and have the contract evaluated. You may not only sue for damages but to get an injunction against any further distribution of any goods infringing yours. Don't forget to check copyright law for any remedies for any of the work product you may have given them and which they may have duplicated without your permission. |
