Reply by Davison Inventions

Joan: The following letter was sent to the attention of Tara Smith of the North Carolina Department of Justice Consumer Protection Division on December 6, 2010 in response to the complaint that you submitted to that agency. We believe that it also speaks to your current complaint on this website. File No. 1015858 Joan Laughter Dear Ms. Smith: I am legal counsel to Davison Design and Development, Inc. Please address any further communication concerning this matter to my attention. Ms. Laughter did not have a single cohesive statement of complaint, so I will address what I believe are the various points of contention. First, a summary of the contractual relationship between the company and Ms. Laughter may be helpful. Davison provides services to people and companies who have conceived ideas that they wish to develop into consumer products for possible licensing. The company does not sell or distribute products. Instead, it researches product ideas, designs and builds samples of products and creates and builds packaging solutions. Ms. Laughter provided only some of the pages of one of the contracts she had with Davison. Significantly, she did not include a page that has the following language: Client acknowledges that he/she is contracting for Davison’s research, industrial design and development services for the business purpose of developing Client’s Idea commercially and not for any personal, family or household purpose. The company fulfilled its contractual obligations to design and develop the product that she had conceived. Ms. Laughter gave her written approval and positive feedback to the company’s work. Enclosed are copies of documents indicating her approval. The first document is a design rendering that was provided to her before the product sample was built. It contains her signature under the words “Design Approved By.” Please note that the image of the design is obscured because the company is contractually obligated to maintain the confidentiality of the design. When she returned the approved design rendering, she also completed and signed a feedback form giving nothing but positive feedback. That form was dated by her on March 30, 2009. Relying upon her approval and positive feedback, the company built the sample and packaging and sent to her a color photograph and computer-aided drawings of all of the components manufactured by Davison. In response, Ms. Laughter returned to the company another feedback form containing all positive feedback. This form was not dated by her, but contains the company’s date stamp of receipt on July 20, 2009. At the same time, she gave the company permission to present the concept to a potential licensee, through her signature on the enclosed Shipping Procedure Agreement. The Shipping Procedure Agreement also informed her, and she acknowledged with her initials, that the company would follow the process that the potential licensee used for product review, which could entail shipment of the sample or shipment of the design renderings. Ms. Laughter complains that the company did not provide to her documents from the company that considered and declined to license her product idea. The company does not have any documents responsive to her request. Davison cannot require potential licensees to provide written responses. In cases where a written response is provided, a copy of it is given to the customer. Ms. Laughter also complains that her product was not shown at a trade show. The company did not contract with her to show the product at a trade show. The document that she included for proof of such an obligation was provided to her more than a year after she contracted with Davison and states that the company will accomplish “some or all” of the services described. Davison has made efforts to resolve any issues she has had, including offering her additional services at no charge. One of her complaints appears to be that after discussing her project with her, the company did not reduce all of its conversations to writing, which is not a reasonable request. Since the date of her complaint submission, and at her request, the company shipped the sample to her. Apparently satisfied with the sample, Ms. Laughter communicated to the company that she was returning the sample to Davison to continue licensing efforts. Ms. Laughter has also included copies of various complaints, some of which are anonymous, about the company that she found on the internet. The company does not believe that it is appropriate to include these items when her project has clearly been handled appropriately and with her approval. Furthermore, many of the complaints refer to a 1997 action by the FTC that was settled before she became a client or are from clients who were involved in that action. The company has performed the contracted work and has received Ms. Laughter’s approvals and positive feedback at every step. The company has spent many man-hours discussing her project and her questions with her. When she expressed dissatisfaction, the company has made efforts to resolve the issues amicably. Thus, the company believes that it has acted appropriately.

well good luck julie, i lost 12 thousand,did they give you the feeling your invention made them excited?did they call you a lot?were they nice to you, giving you encouragement all the time?i know how they worked on me,then after keep paying up, and trying to get a written record of all phone calls, i iknew then, i would not get anywhere.i spoke many times asking for written info, not the kind they sent you, or me,things said on phone to me, ``did they tell you at the beginning they send your invention to trade fairs. like they told me,they denied that when had them looked into by the attorney general,they cover themselves with top lawyers,they denied the VICE PRESIDENT of davison told me,"if i say my complaints were not true, they would give me option 2, meaning i would get 2 free showings" .but i said no, i will not lie,thinking about others who would lose money,they say they record all calls, yet wont let me or the attorney have copy of calls,if i ask for copy i would send it to attorney to prove i am not lieing,but i dont get any reply to my request.also, i ask for written rejections from the company they sent my invention too, was told, we dont get rejections in writing???strange that, well, julie good luck,i hope you win,i told them i am disabled,senior all my lifes savings gone,do they care?no.

Monetary Loss: $12000.

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