Hey, That Was My Idea! Understanding Damages in Idea Submission
Communications Lawyer
June 2012
The article provides a comprehensive discussion of idea submission claims, defenses and damages, when liability is established. It reviews case law, beginning with Desny v. Wilder, the California Supreme Court case establishing an implied contract cause of action for a pitched idea. The authors analyze the subsequent cases that determine various ways in which damages may be assessed. They also review cases outside of California, differentiating New York law, which has an explicit required element of "novelty" for idea submission claims.