Idea taken by manufacturer?

[CSC]

One of my manufacturers I use make certain collectible items and I sell them. They also allow me and other competitors to come up with our own ideas for the collectibles and allow us to sell them exclusively at our stores so no one else can sell them but me. 2 years ago I created a concept which they drew up for me but I held off on doing it. Now 2 years later I see a competitor of mine selling this collectible I created. Note their version is slightly different than what I created but you can tell by their design they are selling it is my concept due to all the detail I originally put in. basically it is to coincidental to say they came up with all this detail the same way I did.

I contacted my manufacturer and asked why they gave my idea to another competitor and they denied they did but I have my concept artwork here and what they actually made and you see how similar they are. Is there any legal lawsuit there because this manufacturer yanks my chain a lot. I don't want to get into to all the other things they do but they are like used car salesman. I dont have my concept artwork copyrighted or anything but just checking my options as I am ticked!

[Owen]

One of my manufacturers I use make certain collectible items and I sell them. They also allow me and other competitors to come up with our own ideas for the collectibles and allow us to sell them exclusively at our stores so no one else can sell them but me. 2 years ago I created a concept which they drew up for me but I held off on doing it. Now 2 years later I see a competitor of mine selling this collectible I created. Note their version is slightly different than what I created but you can tell by their design they are selling it is my concept due to all the detail I originally put in. basically it is to coincidental to say they came up with all this detail the same way I did.

I contacted my manufacturer and asked why they gave my idea to another competitor and they denied they did but I have my concept artwork here and what they actually made and you see how similar they are. Is there any legal lawsuit there because this manufacturer yanks my chain a lot. I don't want to get into to all the other things they do but they are like used car salesman. I dont have my concept artwork copyrighted or anything but just checking my options as I am ticked!

If you hire a lawyer they'll tell you everything you need to know ;)

[CSC]

If you hire a lawyer they'll tell you everything you need to know ;)

I realize that but dont want to pay for nothing. Seeing if anyone here is a lawyer or knowledgeable so I dont waste money and time

[turboguy]

Unless you got a design patent or some other form of protection I don't think there is much you can do. In the future you could have a non-disclose statement signed that might give you some protection.

[Freelancier]

You would have to have an NDA agreement with them, have identified the drawings as "trade secret" or "confidential", etc. There are a lot of hurdles to get over. You need to talk with a lawyer to see if they think you have a case. Many lawyers will give you that advice without charging you.

[Harold Mansfield]

I realize that but dont want to pay for nothing. Seeing if anyone here is a lawyer or knowledgeable so I dont waste money and time
No one can tell you if it's a waste of time and money. You'll have to speak to an attorney and find out. Many times consultations are free. We can give you opinions, but no one can predict what an attorney with a stake in the case and knows the specific laws, or what mediation or a judge will do. If we all knew ahead of time what would happen in court, we wouldn't need courts.

If it's worth fighting for, you're going to have to actually do something to fight for it.

Either way, it's a good learning experience. Never share an original design with anyone without a Non disclosure or a Patent. Ever.

[tallen]

2 years ago I created a concept which they drew up for me but I held off on doing it. Now 2 years later I see a competitor of mine selling this collectible....

You need to look very carefully at the agreement you have with this manufacturer. If they actually drew the design, they may own the design, even though it was drawn to your specifications / concept.

[Fulcrum]

Out of curiosity, where is this manufacturer located? I've heard stories about offshore manufacturers knocking off parts they were contracted to produce and selling them as their own generic product (right down to design "flaws" in a few cases).

Outside of having very deep pockets, the tenacity of John Basset III, and maybe a bit of luck, I don't know if there is much that you can do.

[Brian Altenhofel]

...which they drew up for me...

This is definitely key. Depending on how the arrangement was made, the drawings could be considered their intellectual property.