Do I have a viable case?

amother

Camellia

Tue, Aug 22 2023, 6:43 am

I don't think you have a viable case. It sounds like the company doesn't have the best customer service, but it doesn't sound like they have any legal obligations to you.

Amarante

Tue, Aug 22 2023, 9:20 am

You have no legal case.

It is doubtful that your suggestion ever reached anyone involved in the development of the cards. Most companies which have intellectual property - I.e. publishers, production companies, greeting card companies respond to any suggestions or unsolicited material by having a low level employee send a canned response. Sometimes companies will actually use a fake name in the response to avoid any follow up.

Since rose gold was a huge color starting several years ago, I would imagine that someone in development already had the idea. Both my iPad and my iPhone have rose gold backs.

If you want to follow up, you could find out the name of the president of the company and send them a polite email in which you explain what appears to be a coincidence and ask whether it is possible to purchase directly from the company.

If you have to pay $100 for the card, it is still less expensive than hiring a lawyer to write a letter

Last edited by Amarante on Tue, Aug 22 2023, 9:35 am; edited 1 time in total

amother

Brown

Tue, Aug 22 2023, 9:22 am

NechaMom wrote:

She said it’s sold out.
I’m surprised she only wants to sue for one lousy deck. Being that it was her idea she should probably get a lot more than that.

Doubtful. If you choose to share your thoughts anyone can use it. It’s why people keep any plans for any business very quiet.

Choirmistress

Tue, Aug 22 2023, 1:48 pm

amother Eggshell wrote:

Sounds like they’re a company without the greatest customer service, but doesn’t mean you actually have a case against them.
Wondering why you didn’t turn up this available color in a Google search, when you were looking for this item? Wouldn’t you have attempted to search for this color first, before asking them why they don’t produce it?

The reason I missed it is because USPCC did not recognize my request as speaking about the same item. Perhaps the difference was "copper" vs. "rose gold" or their labelling it "Prototype", or some third reason entirely.
The end result was that one hand in their company does not know what the other is/others are doing.
I kept searching for it under "Rider Back deck in copper", and came up with nothing until I discovered and ordered (since they were still available) a Metalluxe deck in another colour, with which I am very happy. That was also labelled and sold as "Prototype".
So OF COURSE the one I really wanted was already sold out by the time I discovered it by searching under Prototype.

Choirmistress

Tue, Aug 22 2023, 1:53 pm

Amarante wrote:

Good suggestion, Amarante. Think I'll do that. Thanks to all you other lovely ladies for your responses as well.