Copied from Inventorspot forum
http://inventorspotforum.com/viewtopic.php?p=30306#p30306
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Some are asking how I managed to get my rights back so I thought I’d just post
the email conversation between Mark and myself and what happened after that.
Here’s how inventors may be able to settle a breach in their contract-
Here was the
notice date and reason:
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From: Tania Reynaert [mailto:taniareynaert@yahoo.com]
Sent: Wednesday, February 02, 2011 2:46 PM
To: Mark Reyland
Subject: Re: FW: BaNoodle
Mark, 02/02/2011
6.01 Breach
In the event of a breach of this agreement by either party, the other party may, in addition to any other remedies that it may have, at any time, terminate all licenses and rights granted by it hereunder by not less than (4) months written notice specifying such breach, unless within the period of such notice all breaches specified therein shall have been remedied.
Please let this serve as written notice. I am giving you and Obvious Ideas llc (4) four months to remedy the breach in the following areas of the agreement.
3.02 Reports. (Breached) Licensee shall make written reports to licensors within thirty (30) days after the first day of each January, April, July and October stating in each such report the number, and aggregate gross sales price- minus discounts of licensed products sold or otherwise disposed of during the preceding three (3) calendar months and upon which royalty is payable as provided in paragraph 3.01. The first such report shall include all sales of licensed products sold or otherwise disposed of between the date of this agreement and the date of such report. Concurrently with the making of each report, licensee will pay to the licensor royalties at the rate specified in paragraph 3.01 included in this report.
4.02 Provisional patent. (Breached)
As part of this agreement, licensee agrees that WITHIN sixty (60) days of the effective date of this agreement to prepare and file a provisional patent application in the
United States Patent and Trademark office in the name of the LICENSOR at licensee’s own expense.
Again, written notice is given on today’s date 02/02/2011 and this contract will fully terminate on June second (2) 2011.
Regards,
Tania Reynaert
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--- On Wed, 2/2/11, Mark Reyland <mark@obviousideasllc.com> wrote:
From: Mark Reyland < mark@obviousideasllc.com>
Subject: RE: FW: BaNoodle
To: "'Tania Reynaert'" <taniareynaert@yahoo.com>
Received: Wednesday, February 2, 2011, 8:19 PM
Tania,
I think you need to do whatever you feel is right. We have made every effort to distribute this product even with your interference.
Although you certainly have your opinion,
the contract has no performance requirement, or a
termination date. Therefore your demands are somewhat baseless. We will be happy to send you a report as requested, although null reporting is not a traditional business practice.
As for your termination, I would caution you that you cannot simply prescribe arbitrary termination dates to a
legal contract. Any effort on your part to do so would be a clear breach of contract.
Mark
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From: Tania Reynaert [mailto:taniareynaert@yahoo.com]
Sent: Wednesday, February 02, 2011 3:22 PM
To: Mark Reyland
Subject: RE: FW: BaNoodle
Mark,
I am basing the termination date on the 4 months notification. You would need to go back in time to remedy what you have breached. Although I see this as impossible, you may have your ways. Unless the breach is remedied, the contract will end on the date I have provided you with.
You do not need to caution me of anything as I have already been given
legal counsel.
Tania
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--- On Wed, 2/2/11, Mark Reyland <mark@obviousideasllc.com> wrote:
From: Mark Reyland < mark@obviousideasllc.com>
Subject: RE: FW: BaNoodle
To: "'Tania Reynaert'" <taniareynaert@yahoo.com>
Received: Wednesday, February 2, 2011, 8:37 PM
Tania,
Then I feel confident your legal council will prevent you from breaching the contract yourself. We assumed null reporting was not required as is normally the case, however if you would like null reporting we will provide it to you.
As for the patent, as you know it was filed, and has since expired. I’m sure your council would advise you that does not rise to the level of
material breach, and is no longer at issue in the contract. Therefore cannot be used as a mechanism of termination.
We have lived up to every part of this contract and would view any attempt on your part to terminate the contract on 6/2/2011, or any date, a material breach. I’m confident your council will agree.
As I said before, we will continue to represent the product in an effort to secure distribution in our role as the exclusive rights owner.
Mark
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On Wed, 2/2/11, Tania Reynaert < taniareynaert@yahoo.com> wrote:
From: Tania Reynaert < taniareynaert@yahoo.com>
Subject: RE: FW: BaNoodle
To: "Mark Reyland" <mark@obviousideasllc.com>
Received: Wednesday, February 2, 2011, 8:46 PM
I am not discussing anything more with you. I was told to send you the notice and to ignore engaging any further than that with you.
The date stands.
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-Shortly after this emailing, I approached his partner (not the one who cut all ties with Obvious Ideas and the product), forwarded Mark’s emails and let him know what was going on. There are more partners involved and they all agreed to give me back my invention. The blacked out part is the name of 2 companies who do not need to be shown. I’m also distorting Mr. Thomson’s signature for obvious reasons.
I believe anyone who
listens to Mark telling tales and calling people names rather than looking at facts is just as bad as him.
I have my invention back, so all the interest I have in this now is helping others to avoid the same person.
Even as the executive director of the UIA, Mark is still treating inventors unfairly. This letter shows he has no rights to Ba’Noodle but STILL refuses to remove it from his company website. He is not authorized to have this product on his site.
Our understanding is Mark only has his Twist Caps and Nova Grips left now.
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READ THE AGREEMENTS & HOW THIS ALL STARTED BELOW!
