Paint Solutions Reviews (300)
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Address: 12470 Nightingale Way, Grand Terrace, California, United States, 92313-5757
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Hello, This business knowingly engaged with sending us a product built by someone elseIt has made in China imprinted on the casing of my "prototype" that was supposedly my sole ideaThey claim to not know of every product in the market now, but when they are selling you their offering they guarantee their research to discover any competitions successes or failuresThey cannot deny that this was someone else's product because it is printed on it that it is made by someone elseIf they made it they would have a mold and hard evidence proving differentThis prototype is IDENTICAL to our discoveryIt is beyond obvious that it was not made by them
[redacted] I would like to have more details as to what exactly is entailed in a presentationWill they simply send out an email to two random companies with some info regarding my product or will they actually conduct a presentation in person at the other tow businesses Also, by making this offer, have they admitted that they did not fulfill their prior commitments in regards to my product marketing? Their offer to two additional presentations could be to companies that they have had little or no success with in past presentations and a way to just fulfill their offerMy first preference would be for Davison to refund their initial charge for services, which were not, in my estimation, performed adequatelyIf there is no possibility of this happening, the only other choice I have is their offer to present to two additional companiesI just feel that their presentation will be just going through the motions with no sense of commitmentI will await more details as to just what their presentations are comprised of Thank you
I have reviewed the response made by the Davison Design & Development, Incregarding my complaintID [redacted] and have determined that this does not resolve my complaintYou should have a copyof their offer presentedIn fact I found the response from MrD [redacted] (Associate Counsel) furtherinsulting and condescending!MrD [redacted] ***’s statement’ all services were completed by January 13, How can I know forcertain when the service was terminated? No official ending date was quoted to me? If you refer tothe January 10, correspondence to me: the connotation of the written option is so ambiguous tome as usualFor example it partially states ‘ has no time frames specified on when this couldhappen.’ On [redacted] possibly assume that this is an idefinite proposition? No? So why would I assumethere is a time limit after reading this context? Their statements should have more defining clarity.Furthermore, if MrD [redacted] bothered to read my entire complaint, he would have noted that I did notwait years to complainI mentioned previously that I sent a letter to MrA***, dated February 15,2015, complaining about the lack of service I receivedAs I stated earlier, no one bothered to contact orcommunicate back with meMrA [redacted] could have sent me a courteous note to set me straightregarding the termination of services.And I apologize to MrD [redacted] for mistating ‘marketing’ for ‘presentation’This seems very petty topoint outEspecially to someone who is an unsatified customer who paid almost $12,for services.And another thing: I did not mention anywhere in my complaint that I did not receive photos of thefinished prototypeI admit that I didMrD [redacted] must have got me confused with another of the manyunsatisfied clients that sent in a complaint!And lastly: I am enclosing a copy of the Section 4.Lthat I RECEIVED when I was sent the variouscontract pages after! registeredI swear to the GOOD LORD that this a copy of that article section Mr.D [redacted] made reference toOnly the first sentence matches what I received on MY copy(And theasterick and written amount of ‘$Additional Cost’ is what! wrote down after MrA***surprised me and erroneously stated to me that! was previously told about an additional $costto PRESENT my idea to an additional wholesaler) It can clearly be seen that I was not ever told of aprecise additional fee amount for this service! MrA [redacted] was wrong! Also: that last sentence shownon my statement is very ambiguous again‘ any additional services in the future’ What preciselydoes this mean?MrD [redacted] is wrongThere are a lot of ambiguous, misleading, unclear and unmentioned data on thesecontract forms.And this leads to bad business practicesAnd I feel that I should be refunded at least partially for all thisaggravation, and frustration that I had to encounterEven some criminals are treated better! [redacted] L [redacted] PS .Please see message from the guilty, ex-Davison employee lamenting how he was forced to ‘scam’the clients while employed by Davison or else! Too bad he did not leave his name
This letter is in response to the above referenced complaint filed by Mr [redacted] against Davison Design and Development, Inc(Davison) on or about11/25/Please be advised that I have personally spoken with Mr [redacted] regardingthe matters in his complaint and we have reached an amicable resolution.Mr [redacted] has informed me that he already notified your office and requested towithdraw his complaintIn light of the resolution, and pursuant to Mr [redacted] request,his complaint should be withdrawn and not posted.Associate CounselDavison Design and Development, Inc
This letter is in response to the additional comments submitted by Mr [redacted] regarding the above referenced complaintHe sets forth a wide ranging series of questionsdirected to why Davison offers the services it does, what is meant by certain provisions of thecontracts and also a number of legal inquiries regarding patentsThe short answer is that overthe course of more than twenty-five years in the product development industry, Davison hascreated a cost-effective process of transforming a basic idea into a suitable product concept forpresentation to potential licenseesA more thorough response to his specific questions isprovided below.Patents: Mr [redacted] asks about the provisional patent application cover sheet, and thetype of documents that might be helpful for filing a provisional applicationAs stated in theinitial response, Davison is not a law firm and does not provide patent services, or any other legalservicesThe Inventor is solely responsible for the completion and sufficiency of any patentapplicationMany clients are interested in securing intellectual property protection for theirproduct concept, and a provisional patent application is one cost effective means offered by theUnited States Patent and Trademark Office (USPTO) of securing a filing dateDavison merelyprovides to the client any documents that Davison may have developed regarding the product ideaand a standard USPTO form for the cover sheet that must accompany a provisional patentapplicationThe decision to file and the decision of what needs to be included is solely theclient’s responsibility.Renderings and Executive Summaries: Mr [redacted] asks why an integrated productrendering is necessary and what is meant by an Executive SummaryAs stated above, Davisonhas developed its process for presenting concepts to corporations over the past twenty-five years.As a fundamental part of that process, the integrated product rending provides a potential licenseea visual depiction of the product and the Executive Summary provides a textual explanation ofthe conceptIf Mr [redacted] disagrees with that process, he was free to not engage the service.However, the service of creating the rending and summary is clearly discl***d in the initialdisclosure and stated clearly as part of the services under the contract.Selection of Companies: Mr [redacted] asks why certain companies are selected forpresenting a client’s product ideaIn general, corporations are hesitant to confidentially receivenew product ideas from the general publicDavison has contractual agreements with a widevariety of corporations who have agreed to accept product idea submissions on a confidentialbasisThis confidentiality is vitally important throughout the development processWhen aparticular client idea is submitted to Davison, the product idea is reviewed to determine thefunctions of the product, the anticipated manufacturing constraints and other details related to itsdevelopmentWith these details in mind, a corporation, with whom Davison has a confidentialityagreement in place, is selected as a suitable corporation to target.Fees: Mr [redacted] asks what types of alternate fee arrangements are offered to minimizethe upfront costsThe general fees for all services are disclosed before any contract is enteredinto and the specific fee for a specific contract is explicitly set forth in the contract termsThefees for the second phase contracts, though individually quoted, are typically less for anIntegrated Product Rendering Agreement as compared to the New Product Sample Agreement.Also, Davison does not require the full payment at the time of signing; the client may makeperiodic payments toward the feeUnder that arrangement, though no services are due until fullpayment of the fee has been received; Davison often begins the design process when the clienthas paid at least 60% of the feeMr [redacted] is certainly entitled to believe this “doesn’t seem tobe less of an up-front commitment to me”, and he could have decided to not enter the agreement.But having been fully informed of the fees and having entered the agreement, it is not reasonableto now complain in retrospect about the fee.Contract Provisions: Mr [redacted] asks the meaning of a number of provisions in thecontract unrelated to the specific performance of servicesThese issues are not a valid basis forcomplaintIf Mr [redacted] did not understand the contract terms, he could have secured legalcounsel before entering the contractHaving entered the contract, it is not reasonable to nowcomplain that he does not understand its termsDavison is not law firm and does not provide anylegal advice to its clientsHowever, without expounding a “Law School 101” analysis they arestandard provisions that address aspects of the contractual relationshipAs an example, the choiceof law, arbitration and cure provision addresses the mechanics of how disputes between theparties are to be handledMr [redacted] is an Ohio resident and Davison is a PennsylvaniacompanyIf there is a legal dispute, would Pennsylvania or Ohio law apply to the contract? - thechoice of law provision addresses that issue.As previously stated, there is no factual basis to support Mr [redacted] ’s complaintThepre-development service has been performed to his documented satisfactionThe IPRP contractwas not cancelled within the stated period, thus there is no basis for a refundDavison will honorits prior offer to refund 80% of the monies paid toward the IPRP agreementThere is no basis torefund any monies on the pre-development agreement as these services have been performed toMr [redacted] ’s documented satisfactionIf Mr [redacted] desires to accept this offer, he needsimply contact Davison’s legal department and the paper work will be forwarded to his attention.David [redacted] D***Associate CounselDavison Design and Development, Inc
Ms [redacted] Revdex.com of Western Pennsylvania [redacted] *** March 02, Re: [redacted] Your ID#: [redacted] Dear Ms [redacted] ; This letter is in response to the additional comments submitted by Mr [redacted] regarding the above referenced complaint It bears noting that the original complaint was filed on 08/17/2015, Davison provided a response on 08/27/2015, Mr [redacted] continued to work with Davison, and all services were completed by June Now, more than a year and a half after the original complaint, and more than eight months after services were completed, Mr [redacted] filed these comments alleging no services were rendered The product development process provides no guarantees of financial gain and often is pursued over a lengthy period of time As a result, it is easy to lose track of the work and effort that has been provided along the way, particularly in the unfortunate event that a license is not secured In Mr [redacted] ’s case, Davison has provided its services with his express written approval and authorization A brief summary of events will aid in understanding the services that were provided Mr [redacted] contacted Davison in September 2011, was provided with, and acknowledged that he received and read, two disclosures which outline the services, fees and the risks of the new product development process Following receipt of these disclosures, he entered into a Pre-Development Agreement for the completion of research related to his submitted idea This research was completed and provided to him The research material was comprised of eleven U.Spatent documents and information on seven similar products that were then available on the market Following the completion of this initial service, he entered into a New Product Sample Agreement for the design and construction of a product sample, packaging and presentation material Davison submitted a design of the product sample to Mr [redacted] which he approved In reliance upon his approval of the design, Davison constructed the various materials and provided to him an Executive Briefing Mr [redacted] also entered an agreement for the creation of a video of his product idea There was no charge for this service as Davison waived its fee Mr [redacted] authorized the presentation of his product idea to the targeted corporation A copy of his approval and authorization are enclosed, note the actual approved design has been redacted or confidentiality purposes Initially, [redacted] was the corporation to whom his product idea was to be presented However, on 02/02/2016, Mr [redacted] authorized a change in the targeted corporation to [redacted] *** A copy of his agreement to the change is enclosed The presentation was made, though the company declined to license his product idea It was only after services were completed that Mr [redacted] began to demand a full refund As stated earlier, the simple fact is; the product development process provides no guarantees of financial gain Our contracts and disclosures are explicit in this regard While this is of little comfort to a client who has expended considerable time, money, effort and emotion into a project, the fact that a particular project does not bring financial gain to the client does not invalidate the services that were provided Davison has no obligation, legal or otherwise, to refund any monies paid by Mr [redacted] for services rendered However, in the interest of customer satisfaction, Davison will offer two additional presentations at no cost to Mr [redacted] If he chooses to accept this offer, he need only contact the Licensing Department who will coordinate the necessary paperwork to authorize the presentations Sincerely, David MD [redacted] Associate Counsel Davison Design and Development, Inc Enclosures
This letter is in response to the above referenced complaint filed by Ms [redacted] againstDavison Design and Development, Inc(Davison) on or about 11/27/Customer concerns upseteveryone and the staff works very hard to troubleshoot them so communication errors are kept to aminimumHowever, it is difficult to address concerns that are not based on the factsAs will be detailed,the services have been performed with her express written approval and authorization; the services wereperformed to her documented satisfaction; and her product was licensedThere is simply no basis for hercomplaint, or for her demand for a refund.Ms [redacted] contacted Davison in She contracted for, and received, the initial researchservices, then entered an agreement for the design and construction of a product sample, packaging andpresentation materialA proposed design was submitted for her approvalShe approved the design andcompleted a questionnaire about the design, providing positive feedbackBased upon her approval, thephysical sample and other materials were constructedShe was provided an Executive Summary detailingthe product, which included an actual photograph of the physical sampleMs [redacted] authorized thepresentation of her product idea and completed a second questionnaire, again with nothing but positivefeedbackThe corporation to whom her idea was presented chose not to license the ideaSubsequently, in2015, the idea was presented to, and licensed by, another corporationMs [redacted] signed the licenseagreement in June Inexplicably, in June 2016, Ms [redacted] submitted a letter demanding a full refund.Davison contacted her to discuss her concerns, however she would not engage in a conversationThiscomplaint followed.As stated, all services were performed with Ms***’s approval and to her satisfactionHerallegation that Davison has breached its contractual duties is simply baselessHer allegation that she wasdissatisfied with the design is contradicted by her approval and completed questionnaireHer allegationthat Davison had agreed, in August 2015, to modify the product design when the product was alreadylicensed is not logicalFinally, her allegation that Davison’s performance of services would support civiland criminal actions is inflammatoryThere is no basis for her complaint, and no basis for her demand fora refundEnclosed, please find copies of the referenced approval, authorization, questionnaires andacknowledgment of the license agreementNote the actual approved design has been redacted forconfidentiality purposes.Associate CounselDavison Design and Development, Inc
[redacted] against Davison Design and Development, Inc(Davison) on or about07/19/Customer concerns upset everyone and the staff works very hard totroubleshoot them so communication errors are kept to a minimumMr [redacted] ’ productsample has been shipped.As noted in his statement, Mr [redacted] requested that his product sample beshipped to himOn May 11,he completed the necessary paperwork andspecifically requested that the sample be inspected and repaired (if necessary) beforeshipmentThe document explicitly states that “there is no predetermined timeline to shipthe sampleYou will be informed when the sample will be shipped based on the amountof time it takes to prepare it”A copy of the signed form is enclosedThe sample waslocated, inspected and prepared for shipmentIt was shipped on July 27, anddelivery was confinned on July 30, A copy of the delivery confirmation isenclosedTo the extent the time necessary to inspect and prepare the sample forshipment was longer than Mr [redacted] may have anticipated, or if it caused anyinconvenience to him, Davison extends its apology
This letter is in response to the above referenced complaint filed by Mr [redacted] against Davison Design and Development, Inc(Davison) on or about 05/29/2015.Unfortunately, Mr***’s complaint contains numerous and defamatory commentsHeprovides a gross mischaracterization of Davison’s services, and simply ignores the disclosures heacknowledged having read, and ignores the clear terms of the contract that he enteredDavisonprovided its services per the terms of the contractDavison offered additional developmentservices which Mr [redacted] has declinedThere is no basis for a refund for services rendered.Customer concerns upset everyone and Davison’s staff works very hard to troubleshootthem so communication errors are kept to a minimumFrom the time of an initial contact andthroughout the process, Davison maintains an open channel of communication, disclosing itsservices and fees upfront and securing its clients’ approval and authorization throughout theprocessThe contracts are simply written, with no “fine print” provisionsIt is not possible to bemore upfront with their clients about the services and fees.Mr [redacted] contacted Davison about a new product idea through Davison’s websiteThesystem Davison utilizes for electronic submissions makes it impossible for a person to submit anidea without first having two separate disclosures displayed in a printable and savable format, andthe person electronically acknowledging the disclosuresOn 04/22/2015, Mr***acknowledged, via an electronic signature, that he received and read the two disclosurestatementsIt is important to note that the disclosures are made BEFORE the Client enters anyservice contract or makes any payment to DavisonAmong the disclosures is the statement that“It is Davison’s practice to seek more than one contract in connection with a submittedidea.” The disclosure then provides a listing the various services and related feesFollowing hisacknowledgment of the disclosures, Mr [redacted] entered into an agreement for Pre-Developmentservices which obligated Davison to compile research data related to his product ideaDavisoncompleted the Pre-Development services and forwarded the compiled research to Mr [redacted] on05/21/Subsequently, Davison offered additional services, under a separate contract, whichMr [redacted] has declinedThe Pre-Development Agreement states that the services to be provided included: acompilation of Product Related Data, a Patent Review, a Corporation Review, a Product PlanningSession and that the compiled information was to be provided to the client in a Product Portfolio.The purpose of the Pre-Development research is to collect information relevant to the furtherdevelopment of the client’s product ideaTo blindly assume that no individual has previouslythought of a similar product idea is simply naiveFurther, the Agreement states in relevant part(emphasis added);“Section II BProduct Samples; ApprovalsClient is responsible for obtaining a product sample,packaging and relevant information about the product in a professional format for presentation to aLicensee, at Client’s sole expenseDavison, at its option, will offer to provide further developmentservices, under a separate contract for a separate fee, to assist in obtaining or creating the sample andpresentation material for the targeted LicenseeClient is aware that he or she is free to obtain such materialselsewhere or not to obtain them.”The Agreement, in conjunction with the two disclosures, is clear that the Pre-DevelopmentAgreement was for research services, and that additional development services would be offeredunder a separate contractTo the extent Mr [redacted] was unaware of this fact; it is not due to alack of disclosure by Davison.Addressing Mr***’s specific concerns, he first alleges he did not receive the servicesfor which he contractedHe is mistakenHis complaint confirms his receipt of the servicesTheresearch services for which he contracted were the prior patents and other similar productinformation that he complains about receivingNext, he alleges that there is “no developmentand design”, this is a misstatementAs stated, Mr [redacted] contracted for Pre-DevelopmentservicesAs the name indicates, theses are services offered before design and developmentservices are offeredThe design and development services were offered to Mr [redacted] and hedeclinedFinally, Mr [redacted] raises a concern over the confidentiality of his ideaWhen hesubmitted his idea, he did so by entering a Confidentially AgreementUnder the express terms ofthe Agreement; “Davison will not use, disclose, license or sell this idea with out my [Mr***]express written permission.” Davison takes the obligation of confidentiality seriously, and abidesby the terms of the AgreementHowever, Davison can not account for similar, or the same, ideasthat may be submitted by other clients, or that may be disclosed to the general public throughother avenuesIt is not uncommon for multiple people to conceive of the same, or similar,products independently.As stated, Mr [redacted] was fully informed of all services and their related fees offered byDavison, BEFORE he entered into any contractThe services for which there existed a contracthave been performedNo additional contracts have been entered and no additional paymentshave been receivedThere is no basis to warrant a refund for services rendered.David [redacted] D***Associate CounselDavison Design and Development, Inc
[redacted] , I reject this business response They advertised that they would handle cost to complete cost contact is madeSoon as this company listens the customers ideas is when they request a little money to get startedThis is not an upfront with customer companyHad they been truthful about cost/all cost I would have not have had any further dealing at that pointPLEASE NOTE at the very point of first contact with company I had no intent of spending a hundred dollar on project , when this company Ad claimed to handle costCompany has been a bait and switch from startThis company may finish work, but all its been for me is ONE BIG ALSO CHARGE/ALSO YOU NEED TO PAY THIS If company had told me a upfront an $assessment was needed I would have said no thank you an good day They have bad advertisement that gets a persons interest up, and from there the customer is lead (not leading) this advertised transactionThe first thing the customer should know in bright letters is $fee just to get things startedCompany advertise A New Way To Invent, but the customer should see past bright colors to the fact that the services here are just as much as any other like companyMisleading advertising is why I'm out $with this company (Davison)
Ms [redacted] Revdex.com of Western Pennsylvania Holiday Drive, Suite Pittsburgh, PA February 02, Re: [redacted] Your ID#: [redacted] Dear Ms [redacted] ; This letter is in response to the above referenced complaint filed by Mr [redacted] against Davison Design and Development, Inc(Davison) on or about 01/24/ Customer concerns upset everyone and the staff works very hard to troubleshoot them so communication errors are kept to a minimumDavison discloses, in advance, its services and fees, the risks of new product development, and provides contracts that are simply written, with no “fine print” provisions It is imperative that the client understand the obligations of Davison and of themselvesAs will be detailed, Davison provided its services with Mr [redacted] ’s express written approval and authorization Further, those services were performed to his documented satisfaction It is Mr [redacted] that violated the terms of the agreements There is no factual support for his complaint, much less a basis for a refund At the outset it bears noting that the services for Mr [redacted] were completed by June Now, more than a year and a half after completion of services, he has filed this complaint The significant amount of time between the completion of services and the submission of this complaint bears on the credibility of his position Mr [redacted] contacted Davison with a new product idea and entered into a series of contracts Specifically, he entered a Confidentiality Agreement (CA), a Pre-Development and Representation Agreement (PD), and a New Product Sample Agreement (NPSA) The CA sets forth the obligations of Mr [redacted] to refrain from disclosing the details of Davison’s development process or contacting corporations that are disclosed to him by Davison The PD agreement was for the compilation of research relevant to his idea The services under the PD agreement were completed, providing Mr [redacted] with a compilation of US patent documents and information on products similar to his submitted idea The NPSA was for the design and construction of a physical product sample, packaging and presentation material A proposed design was submitted to Mr [redacted] which met with his approval Based upon that approval the physical sample, packaging, and presentation material were created The presentation material, in the form of an Executive Summary, was provided to Mr [redacted] , and he authorized the presentation to the designated company During this process, he also completed three questionnaires providing positive feedback; one about the compiled research, a second about the design and a third about the presentation material Copies of his signed approval and authorization are enclosed (note the actual approved design has been redacted for confidentiality purposes) as are copies of the questionnaires His product idea was presented; unfortunately, that company did not license the idea An offer of services for presentation to additional companies was made; Mr [redacted] declined At this point, all contracted services had been completed and Mr [redacted] ’s project was in a “reactive” status, wherein no presentations would actively be pursued and no continued updates would be provided Mr [redacted] subsequently requested, and took possession of, the physical product sample In his complaint, Mr [redacted] alleges that he was informed that “we can make changes” – supposedly referring to modifying the design of his product sample This is an inaccurate statement As stated above, the initial proposed design of the product sample was submitted for his approval The express purpose of seeking approval of the design before a product sample is constructed, is to allow the client an opportunity to understand the proposed design and to provide their input The contract goal is to create a cost-effective solution to the problem identified by the client, which may differ from their preconceived ideas If changes are to be made, that is the time to implement any change The NPSA contract explicitly states in Section Avi): “Unless requested by a potential licensee, no changes will be made to the product and package designs after Client has approved them.” Next, he raises a concern over the cost for shipment of his product sampleThe contract explicitly states the Davison will retain possession of the product sample Again, referencing the NPSA contract: Section F“ Client intends that Davison will retain possession of the product and package sample, unless Client requests otherwise in writing.” Section L.: “The Client shall not be responsible for any additional expense to Davison within the scope and term of this Agreement Davison’s obligations are only those set forth in this Agreement ” While there is an obligation for Davison to incur the costs associated with making a presentation, which may include the cost of shipping a product sample to a potential licensee, there is no obligation stated in the contract that Davison is to incur the cost of shipment of the product sample to the client Finally, Mr [redacted] alleges there was no presentation of his product idea This is false The presentation was made on June 17, The presentation was made via e-mail, which is the preferred manner for the specific company Mr [redacted] claims to have contacted the company and claims he was informed that there was no presentation This conduct is in direct violation of his obligation under the CA contract he entered when he secured Davison’s servicesCorporations, in general, are hesitant to confidentially receive new product ideas from the general public The corporations that register with Davison agree to review projects in confidence and in exchange want to limit their communication to only Davison The alternative is that the corporation gets swamped with update requests and projects are rejected summarily That is the reason that every client of Davison agrees to not contact the corporations that are disclosed to them There is no ulterior motive, only the attempt to ensure our clients’ projects are given a fair and thorough review The potential harm in a client violating this Agreement is not limited to that client’s particular project, but extends to all other client projects that are being reviewed, or may be reviewed in the future, by the specific corporation The Confidentiality Agreement is explicitly clear; “I [the Client] agree that my violation of this agreement will result in the immediate termination of all contracts between myself and Davison ” Davison performed its services with Mr [redacted] ’s express written approval and authorizationThe services have been performed to his documented satisfaction While it is unfortunate that the corporation did not license his idea, that fact does not negate the services Further, he admittedly violated the terms of his agreement with Davison and has potentially jeopardized the prospects of future clientsAccordingly his file has been closed Sincerely, David [redacted] D [redacted] Associate Counsel Davison Design and Development, Inc Enclosures
This letter is in response to the above referenced complaint filed by Ms [redacted] against Davison Design and Development, Inc(Davison) on or about 12/27/2016.Her contention that she contracted for research services and development services isincorrectShe contracted for the pre-development research services onlySheacknowledges having received this serviceAn offer of development services was madeto her, though she declinedThere is no basis for her complaint.Customer concerns upset everyone and the staff works very hard to troubleshootthem so communication errors are kept to a minimumFrom the time of an initial contactand throughout the development and presentation of the idea, Davison maintains an openchannel of communication, disclosing, in advance, its services and fees, the risks of newproduct development, and providing contracts that are simply written, with no “fineprint” provisionsIt is not possible to be more upfront with its clients about the services,fees and the development of their projectMs [redacted] was advised no less than three timesabout the scope of the pre-development services and the subsequent additionaldevelopment services.Ms [redacted] initiated contact with Davison by submitting an idea through itswebsite on 09/15/The electronic submission system utilized by Davison makes itimpossible for a client to submit an idea without having two separate disclosuresdisplayed in a printable and savable formatIt is important to note that the disclosuresare made BEFORE the Client enters any service contract or makes any payment toDavisonAmong the disclosures is the statement that “It is Davison’s practice toseek more than one contract in connection with a submitted idea.” The disclosure thenprovides a listing of the various services and related feesEnclosed, please find a copy ofthe disclosure detailing the services and related fees as it was presented to Ms***.She acknowledged, via an electronic signature, that she both received and read thesedisclosuresEnclosed is a copy of the data record confirming her acknowledgement on09/15/at 20:12:ESTNote the submitted idea has been redacted forconfidentiality purposes.Following her acknowledgment, she was provided the initial pre-developmentcontractThe title of the agreement itself indicates it is for services BEFORE thedevelopment of a product sampleFurther, as she was a resident of Virginia at the time,the disclosure of all services and fees was again provided as part of the contract.Enclosed, please find a copy of this second disclosure from the contractFinally, thecontract terms state that no development services are to be provided;Section IIBof the contract explicitly provides;“BProduct Samples; ApprovalsClient is responsible for obtaining a product sample,packaging and relevant information about the product in a professional format forpresentation to a Licensee, at Client’s sole expense.Davison, at its option, will offer to provide further development services, under a separate contractfor a separate fee, to assist in obtaining or creating the sample and presentation material for thetargeted Licensee.”Section of the contract explicitly provides;“Davison has no obligation to construct, sell, or distribute one or more sample, prototypes,models or devices embodying the Client’s invention.”Ms [redacted] entered the initial pre-development contract, and those services wereperformedConsistent with the terms of the Pre-Development Agreement and thedisclosures provided to her, Davison offered additional services for the furtherdevelopment of her projectShe has declined these additional services, which is herprerogative.There is no factual basis to support Ms***’s complaintAs stated above, shewas fully informed, on multiple occasions, of all the services and feesSheacknowledged having received and read the disclosures of the services and feesThesedisclosures were provided BEFORE she entered any contractThe services for which shecontracted have been performedHer decision to not pursue the further development ofher product idea does not negate the initial service which was completedThere is nobasis for a refund.SincerlyDavid [redacted] D***Associate CounselDavison Design and Development, Inc
This letter is in response to the above referenced complaint filed by Ms [redacted] againstDavison Design and Development, Inc(Davison) on or about 08/12/Davison understandsthat customer service is vital in all businesses and is imperative when operating a successfulbusinessCustomer concerns upset everyone and the staff works very hard to troubleshoot themso communication errors are kept to a minimumFrom the time of an initial contact, through theresearch and development of a new product idea, to the presentation of a client’s idea, an openchannel of communication is maintained, disclosing the services and fees upfront and securingthe clients’ approval and authorization throughout the processUnfortunately, despite bestefforts, clients are occasionally dissatisfied, particularly when their product ideas are not licensed.That appears to be the simple truth with Mr***.Ms [redacted] has been a valued client since first contacting Davison in September Inher complaint, Ms [redacted] alleges that “no product development or marketing has come forth.” Thisstatement is both and a mischaracterization of the services providedAs will be detailed,Ms***’s product idea was developed; a design was created and approved by her, a physicalproduct sample, packaging and presentation materials were constructed and approved by herAsfor “marketing”, Ms [redacted] misconstrues the services providedDavison does not “market” itsclients’ products to the general publicThey design and develop product samples for presentationto corporations, who in turn may manufacture and market the productMs***’s product samplehas been presented, with her written authorization, to two corporationsUnfortunately, neitherhas decided to license her product idea.With regard to the services that were provided, a brief summary followsMs***contacted Davison in September As with all potential clients, she was provided withdisclosures that set out the risks of the new product development process, as well as Davison’shistorical success rates in securing licensesShe contracted for the initial pre-developmentresearch services which were completedSubsequently, she entered into a contract for the designand construction of a product sample, packaging and presentation materialDavison submitted adesign of the product sample to Ms [redacted] which she approved, in writing, and about which shecompleted a questionnaire providing positive feedbackA copy of her signed approval andcompleted questionnaire are enclosed; note the approved design has been obscured forconfidentiality purposesIn reliance upon her approval of the design, Davison constructed theproduct sample, packaging and created presentation materialsAn Executive Briefing wascreated which contained an actual photograph of the constructed product sampleAfter receipt ofthe Executive Briefing, Ms [redacted] authorized the presentation of her product idea to the targetedcorporationAt that time, Ms [redacted] also completed a second questionnaire in which she providedpositive feedback about the Executive BriefingA copy of her authorization and thequestionnaire are attachedMs [redacted] then authorized a second presentation to a new corporation.Again, the corporation chose to not license her ideaMs [redacted] chose not to pursue any additionalpresentations and our last contact with her, prior to the present complaint, was on 06/26/14.In her complaint, Ms [redacted] references “promises made”, implying some form ofguarantee that her product would be successfulThe simple fact is; the product developmentprocess provides no guarantees of financial gainDavison does not and simply cannot, makesuch guaranteesThe express terms of the contracts are explicit that Davison make norepresentation about the likelihood of financial gainThe New Product Sample Agreement whichMs [redacted] entered contains the following provisions:“Davison has made no representations concerning the likelihood that the Client willreceive any financial gain from the development of the Idea.”“The Client understands that there is no way of knowing at this time if the targetedcorporation will license, buy or pay royalties for the Idea once it has been developed.Client acknowledges that Davison has made no representations concerning the likelihoodof licensing, marketing, royalty payments or profitability.”Finally, Ms [redacted] makes the thoroughly unsubstantiated claim that Davison may havesold her ideaShe offers no support for such an inflammatory allegationSimply put — no;Davison has not “sold her idea”Davison has abided by its obligation of confidentiality withregard to Ms***’s idea, as it adheres to this obligation for all of its clientsHowever, Davisoncan not account for similar, or the same, ideas that may be submitted by other clients, or that maybe disclosed to the general public through other avenuesDavison is not aware, and simply cannot be aware, of every idea for a new product that any person, anywhere, may conceiveIt is notuncommon for multiple people to conceive of the same or a similar product, independently.As stated, the design, construction, and presentations of Ms***’s product sample havebeen performed with her express written approval and authorization and to her documentedsatisfactionNo additional contracts have been entered and no additional payments have beenreceivedThere is no basis to warrant a refund for services renderedThe fact that a particularproject does not bring financial gain to the client does not invalidate the services that wereprovidedHowever, in the interest of customer satisfaction, Davison will offer two additionalpresentations at no cost to Ms***If she chooses to accept this offer, she need only contact theLicensing Department who will coordinate the necessary paperwork to authorize thepresentations.Sincerely:David MD***Associate CounselDavison Design and Development, Inc
This letter is in response to the above referenced complaint filed by Mr [redacted] against Davison Design and Development, Inc(Davison ) on or about //Weunderstand that customer service is vital in all businesses and is imperative when operating asuccessful business Customer concerns upset everyone and our sta f f works very hard totroubleshoot them so communication errors are kept to a minimumFrom the time o f an initialcontact, through the research and development o f a new product idea, to the presentation o f ac lien t’s idea, we try to maintain an open channel o f communication, disclosing our services andfees upfront and securing our c lien ts ’ approval and authorization throughout the process.Unfortunately, despite our best efforts, clients are occasionally dissatisfied, particularly whentheir product ideas are not licensedThat appears to be the simple truth with Mr [redacted] .Mr [redacted] first contacted Davison in August by submitting an idea for a newproductHe entered the initial pre-development contract which obligated Davison to compileresearch on U.SPatents and products, on the market at that time, which were similar to his idea.This research was completed in In March , he contracted for the design andconstruction o f a physical product sampleA design was created and submitted for his approval.He provided his signed approval o f the design in August A copy o f this approval isenclosed; note, the actual design has been redacted for confidentiality purposesBased on hisapproval, the physical sample was constructed and presentation material createdIn January, Mr [redacted] authorized the presentation o f his new product ideaEnclosed please find acopy o f his signed authorizationThe new product idea was presented to the designatedcorporation who declined to enter a license.Following the rejection o f his idea by the corporation, Mr [redacted] raised concerns overthe design o f the product sampleDavison’s Office o f the President worked closely andextensively with Mr [redacted] to address his concernsDespite having no contractual obligation todo so, Davison agreed to re-design the product sampleA revised design was created andsubmitted for Mr [redacted] ’s approvalOn or about January 11, , he approved this seconddesign and completed a questionnaire about the design in which he provided positive feedback.Enclosed is a copy o f this approval and completed questionnaireAgain, based upon thisapproval, a second product sample was constructedThis second product sample was provided toMr [redacted] Following his receipt o f the second product sample, he again raised concerns overthe design, alleging similarities with existing productsThe Office o f the President has requested he return the sample along with any comments he may have so that there could befurther discussions to address his concernsThere has been no response from Mr [redacted] , otherthan the current complaint.It bears noting that Mr [redacted] ’s project has been developing over the course o f morethan five yearsDavison is not, and can not, be aware o f every idea for a new product thatanyone, anywhere might have or developIt is not uncommon for multiple individuals toconceive o f the same or similar idea independentlyThe contracts which Mr [redacted] enteredexplicitly state;MDavison cannot be aware of, and is not responsible for, the existence o f every similar productor idea that may already be in the global market, in development by others, or introduced by othersat a later time.OClient acknowledges that there have been no representations by Davison that the Idea asconceived and submitted by Client is novel or feasible...Davison developed both designs and subsequent product samples with Mr [redacted] ’sexpress written approval and authorizationDavison has gone above and beyond its contractualobligations to address any concern o f Mr [redacted] While it is unfortunate that the targetedcorporation did not license his idea, that does not provide a basis for a refundThe fact that otherproducts have been developed by others which are similar to his idea does not provide a basis fora refund to Mr [redacted] Davison remains willing to work with Mr [redacted] I f he chooses tocontinue to pursue his project, he may contact the Office o f the President at his convenience.Davison Design and Development, Inc.Enclosures
This letter is in response to the above referenced complaint filed by Mr [redacted] against Davison Design and Development, Inc(Davison) on or about 05/30/ In his complaint he alleges a lack of response and an unwillingness to pursue the agreements Neither allegation is accurate Davison has provided all its services with Mr [redacted] ’s express written approval and authorization Further, the services have met with his documented satisfaction Unfortunately, despite these facts, clients occasionally feel justified in posting a complaint, particularly when their product ideas are not licensed The reality is that the product development process provides no guarantees of financial gain The contracts and disclosures are explicit in this regardFrom the time of an initial contact, through the research and development of a new product idea, to the presentation of a client’s idea, an open channel of communication is maintained, disclosing the services, fees and historical licensing data upfront and securing the client’s approval and authorization throughout the process The disclosures and contracts are simply written with no “fine print” provisions It is simply not possible to be more upfront about the fees, services and risksThe electronic submission system utilized by Davison makes it impossible for a client to submit an idea without having two separate disclosures displayed in a printable and savable format It is important to note that the disclosures are made BEFORE the Client enters any service contract or makes any payment to Davison Among the disclosures is a detailed statement of the historical track record of securing a license for a client project He acknowledged, via an electronic signature, that he both received and read these disclosuresMr [redacted] entered into three contracts for services; the Pre-Development and Representation Agreement, the New Product Sample Agreement, and a Presentation Agreement The services were performed with his express written approval and authorization He approved the design of his product sample and authorized its presentation Copies of his signed approval and authorization are enclosed (Note the actual approved design has been redacted for confidentiality purposes.) He also completed two questionnaires, one about the design and one about the presentation material, in which he provided positive feedback A copy of those questionnaires is enclosed The product idea was presented to the designated company who chose not to license the product idea A second company was identified and he paid for a presentation to this second company; which also declined to license the product idea Mr [redacted] was continually updated on the progress of his project Davison’s records indicate no less than six (6) update calls to Mr [redacted] in alone Davison has completed all services for which there was a contract Mr [redacted] has not engaged additional presentation services In light of the disclosures provided to Mr [redacted] , his signed approval, signed authorization, and signed questionnaires, any alleged complaint is simply not credible and there is no basis for a refund However, in the interest of customer satisfaction, Davison will offer two additional presentations at no cost to Mr [redacted] If he chooses to accept this offer, he need only contact the Licensing Department who will coordinate the necessary paperwork to authorize the presentations Sincerely, David *D [redacted] Associate Counsel Davison Design and Development, Inc
Ms [redacted] Revdex.com of Western Pennsylvania Holiday Drive, Suite Pittsburgh, PA January 23, Re: [redacted] Your ID#: [redacted] Dear Ms [redacted] ; This letter is in response to the additional comments submitted by Ms [redacted] regarding the above referenced complaint As stated in the original response, Ms [redacted] provided her written approval and authorization for all services Further, following the performance of each segment of her project, she completed three separate questionnaires, providing nothing but positive feedback It is only now, in retrospect, that she alleges a complaint Her allegations of coercion and duress are inflammatory, and are a thinly veiled attempt to bolster her unwarranted demand for a refund Without reiterating all the items addressed in the initial response, her additional comments will be addressed She alleges she contracted to have a “patentable” idea She is mistaken The Pre-Development agreement states; “Client acknowledges that Davison has not made any representations concerning the potential of Client's Product to be marketed, licensed, patented or to make a profit for Client.” The New Product Sample Agreement states; “Davison has made no representations concerning the patentability of the Idea or its ultimate design.” There is no basis to support her claim that the product to be developed would be patentable She alleges she never saw a product sample She is mistaken As stated in the original response, the Executive Briefing, which was provided to her and about which she gave positive feedback, included a photograph of the physical sample Also, the contract explicitly states that Davison is to retain possession of the product sample, unless requested in writing by the Client She made no such written request If she would like the product sample shipped, she need only make a written request She alleges her idea was “accepted as good enough for development” She is mistaken As stated in the original response, Davison does not offer evaluations of submitted ideas This is not “my statement” as she claims, but is part of the disclosures and the contracts provided to Ms*** She alleges her submitted idea was changed This is true; however the changes were pursuant to the terms of the contact and were approved by her in writing It is important to note that Davison is not a prototype manufacturer that creates a product sample based upon the client’s preconceived notions Davison is a design and development firm whose goal is to create a product sample that is a cost-effective solution to the problem identified by the client The contract which Ms [redacted] entered explicitly states the following; “Aiv) Preliminary Product Design: Development Team "brainstorming" sessions will be held to uncover product design solutions that blend with the targeted corporation's manufacturing capabilitiesThe ergonomics and aesthetics of the product are also taken into considerationThis subjective process often results in the Development Team making modifications and enhancements, which are sometimes substantial, to the proposed solution or the preliminary design submitted by Client, particularly if Client's proposed design is not a cost effective solution to solving the problem outlined by the client, does not reflect current manufacturing techniques or may be in conflict with products patented or on the market OClient acknowledges that there have been no representations by Davison that the Idea as conceived and submitted by Client is novel or feasible or that the design to be created by Davison will function in the manner and with the attributes as originally conceived by Client This Agreement does not contain or incorporate any specifications, performance characteristics or other qualities for the design or product sample to be produced.” To allege the performance of services according to the contract as a basis for a refund is illogical She alleges she is contractually prevented from disclosing her idea She is mistaken Her submitted idea is just that – her idea Nothing in the contracts constitutes a change in ownership She is free to pursue her submitted idea as she sees fit The only restriction under the contracts is that if she sells or licenses her idea to one of the companies disclosed to her by Davison, then Davison is entitled to its share of royalties under the agreements In summary, Ms [redacted] approved and authorized each phase of her project She completed three different questionnaires, at three separate stages of her project, providing nothing but positive feedback Her allegations are simply not credible and there is no basis for a refund Despite her inflammatory comments, Davison will continue to honor its offer of two additional presentations at no cost to Ms*** If she chooses to accept this offer, she need only contact the Licensing Department who will coordinate the necessary paperwork to authorize the presentations Sincerely, David *D [redacted] Associate Counsel Davison Design and Development, Inc
I would like to make a fair sugestionI see that Davidson/Inventionland site they are a fee for service businessWe are only in section page one of the sales agreementCan you ask them how much of the payment ive made are they willing to refund? Any part of the funds ive paid and relinquinshment of any rights to the invention can be discussedAsk Davidson to make an offer and ill review.Thanks
Ms [redacted] Revdex.com of Western Pennsylvania Holiday Drive, Suite Pittsburgh, PA March 12, Re: [redacted] Your ID#: [redacted] Dear Ms [redacted] ; This letter is in response to the above referenced complaint filed by Mr [redacted] against Davison Design and Development, Inc(Davison) on or about 03/07/ Customer concerns upset everyone and the staff works very hard to troubleshoot them so communication errors are kept to a minimumAs will be detailed, Davison provided its services with Mr [redacted] ’s express written approval and authorization Further, those services were performed to his documented satisfaction There is no basis for his complaint, much less a refund At the outset it bears noting that the services for Mr [redacted] were completed by July Now, more than two and a half after completion of services, he has filed this complaint The significant amount of time between the completion of services and the submission of this complaint bears on the credibility of his position Mr [redacted] contacted Davison with a new product idea and entered into a series of service contracts Specifically, he entered a Pre-Development and Representation Agreement (PD), a New Product Sample Agreement (NPSA), and an Inventomercial Agreement The PD agreement was for the compilation of research relevant to his idea The services under the PD agreement were completed, providing Mr [redacted] with a compilation of US patent documents and information on products similar to his submitted idea The NPSA was for the design and construction of a physical product sample, packaging and presentation material The Inventomercial Agreement was for the creation of presentation video for his product idea A proposed design was submitted to Mr [redacted] which met with his approval Based upon that approval the physical sample, packaging, and presentation material were created The presentation material, in the form of an Executive Summary, was provided to Mr [redacted] , and he authorized the presentation to the designated company During this process, he also completed two questionnaires providing positive feedback; one about the design and a second about the presentation material Copies of his signed approval and authorization are enclosed (note the actual approved design has been redacted for confidentiality purposes) as are copies of the questionnaires His product idea was presented; unfortunately, that company did not license the idea An offer of services for presentation to additional companies was made; Mr [redacted] declined At this point, all contracted services had been completed and Mr [redacted] ’s project was in a “reactive” status, wherein no presentations would actively be pursued and no continued updates would be provided In his complaint, Mr [redacted] alleges that the presentation material did not include the “right information” about his product idea This position is directly contradicted by his signed approval of the design, his signed authorization to proceed with the presentation, and his signed questionnaires, in which he provided positive feedback It is simply unreasonable to now allege dissatisfaction with the services, years after completion of those services, when at the time the services were provided they met with his express written satisfaction Davison performed its services with Mr [redacted] ’s express written approval and authorizationThe services have been performed to his documented satisfaction While it is unfortunate that the corporation did not license his idea, that fact does not negate the services There is no basis for his complaint However, in the interest of customer satisfaction, Davison will offer two additional presentations at no cost to Mr [redacted] If he chooses to accept this offer, he need only contact the Licensing Department who will coordinate the necessary paperwork to authorize the presentations Sincerely, David *D [redacted] Associate Counsel Davison Design and Development, Inc Enclosures
Ms [redacted] Revdex.com of Western Pennsylvania Holiday Drive, Suite Pittsburgh, PA December 14, Re: [redacted] Your ID#: [redacted] Dear Ms [redacted] ; This letter is in response to the supplemental comments submitted by Ms [redacted] regarding the above referenced complaintMs [redacted] states that she emailed MsVicky B [redacted] requesting information about a contact in the Licensing Department Please note that MsB [redacted] is the contact personMsB [redacted] has called and spoke with Ms [redacted] on December 8, Sincerely, David *D [redacted] Associate Counsel Davison Design and Development, Inc
This letter is in response to the above referenced complaint filed by Mr [redacted] against ***on Design and Development, Inc(***on) on or aboutAt the outset, please be advised that I have made several attempts to reachMr [redacted] to address his concerns; however I have not yet been able to connect withhimI will continue efforts to reach him.***on understands that customer service is vital in all businesses and isimperative when operating a successful businessCustomer concerns upset everyone andthe staff works very hard to troubleshoot them so communication errors are kept to aminimumFrom the time of an initial contact, through the research and development of anew product idea, to the presentation of a client’s idea, the staff tries to maintain an openchannel of communication, disclosing the services and fees upfront and securing theclients’ approval and authorization throughout the processA review of his file indicatesthat ***on has performed its services per the contract terms.MrN [redacted] initially submitted an idea for a new product to ***on in JulySubsequently, on 04/23/2016, he entered the initial pre-development contractwhich obligated ***on to compile research on U.SPatents and products which aresimilar to his ideaThis research has been completed and shipped to him on 2016.There is currently a call scheduled to discuss the research and possible additionalservicesThe file indicates the service has been performed in a prompt manner,according to the terms of the contract.In the complaint, Mr [redacted] makes several inaccurate statements that will beclarifiedFirst, he alleges there has been a lack of communication from ***onIn theperiod of 04/01/to 05/10/2016, there have been no less than eight calls to Mr.N [redacted] Next, he makes a demand to “bring my product to market”***on does not“market” its clients’ product ideas to the general public; they design and develop productideas for presentation to corporations who in turn may manufacture and market theproductThird, he makes a demand to “pay me royalties”While royalties are thedesired goal, the simple fact is that the product development process provides noguarantees of a licenseOur contracts and disclosures are explicit in this regardFinally,he alleges to have been informed that there are no additional fees beyond that charged forthe initial pre-development serviceThis contention is directly contradicted by thedisclosures and the contract termsEven the title of the contract he entered “PreDevelopment.“ states that the services are prior to the development of the product idea.The electronic submission system utilized by ***on makes it impossible for aclient to submit an idea without having two separate disclosures displayed in a printableand savable formatIt is important to note that the disclosures are made BEFORE theClient enters any service contract or makes any payment to ***onAmong thedisclosures is the statement that “It is ***on’s practice to seek more than onecontract in connection with a submitted idea.” The disclosure then provides a listing ofthe various services and related feesEnclosed, please find a copy of the disclosuredetailing the services and related fees as it was presented to MrN [redacted] Heacknowledged, via an electronic signature, that he both received and read thesedisclosuresIn addition, the pre-development contract that he entered contains thefollowing provision;“Section II BProduct Samples; ApprovalsClient is responsible for obtaining a product sample,packaging and relevant information about the product in a professional format for presentation to aLicensee, at Client’s sole expense***on, at its option, will offer to provide furtherdevelopment services, under a separate contract for a separate fee, to assist in obtaining or creatingthe sample and presentation material for the targeted LicenseeClient is aware that he or she isfree to obtain such materials elsewhere or not to obtain them.”As stated, the services performed to date have been provided according to thecontract termsI will continue to attempt to contact Mr [redacted] to address anyconcerns; certainly he is free to contact me directly***on looks forward to continuingto work with Mr [redacted] in the development of his project.David MD***Associate Counsel***on Design and Development, Inc.Enclosure