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Trials Digest's "Case of the Week"

12 Trials Digest 15th 5

Advertising agency alleges theft of its marketing campaign by client

Type of Case:
Contracts - Breach
Unfair Competition & Business Practices - Trade Secrets
Fraud & Misrepresentation - Fraud
Fiduciary Duty
Business Organizations - Interference with Economic Advantage
Personal Property - Conversion

Jurisdiction:
State: California
Court: Los Angeles County Superior Court/Downtown

Case Name:
Concept Chaser Co. Inc. vs. Pentel of America Ltd.

Docket/File Number:
BC429108

Judge:
Mark V. Mooney

Trial Type:
Jury

Verdict Date:
December 8, 2011

Verdict Amount:
$32,875,000

$14,625,000 breach of contract; $750,000 false promise damages; $5,000,000 punitive damages against Pentel America; $12,500,000 punitive damages against Pentel Japan.

Attorneys:
Plaintiff: Michael Alder, AlderLaw, Beverly Hills; Ronald Beck, Perona, Langer, Beck & Serbin, Long Beach; Geoffrey L. Bryan, AlderLaw, Beverly Hills; Jeffrey Isaac Ehrlich, Ehrlich Law Firm, Encino; Marni B. Folinsky, AlderLaw, Beverly Hills.

Defendant: Grant A. Nigolian, Nigolian PC, Irvine.

Facts/Contentions:
According to court records: Plaintiff Concept Chaser Co. Inc. was hired by defendants Pentel of America Ltd., Pentel Co. Ltd., Isseki Nakayama, Marty Furman, Alloy Media LLC, and Alloy Media-Marketing to create a marketing campaign for defendants' product, a pen called the Hyper G. Plaintiff alleged that it created a marketing campaign called the “Smoothest Line” contest, in which college students submitted their best pickup line in a contest for prizes. Plaintiff alleged that defendants stole plaintiff's idea for the contest by using the idea without adequate compensation.

Defendants denied that they stole plaintiff's idea and contended that they independently created the “Smoothest Line” contest.

Claimed Injuries:
NA

Claimed Damages:
According to court records: Not reported.

Settlement Discussions:
According to court records: Not reported.

Experts:
Plaintiff: Not reported.

Defendant: Eric A. Robi, computer forensic examiner, FIS Consulting LLC, Hermosa Beach, (310) 318-1073.

Expert Testimony:
According to court records: Not reported.

Comments:
According to court records: The complaint was filed on December 31, 2009.

Westlaw Citation:
2011 WL 7473157

Trials Digest Citation:
12 Trials Digest 15th 5