Johnson v. Benjamin Moore & Co.
Decision Date | 28 January 2002 |
Citation | 347 N.J. Super. 71,788 A.2d 906 |
Parties | Theodore JOHNSON, Plaintiff-Appellant-Cross-Respondent, v. BENJAMIN MOORE & COMPANY, Defendant-Respondent-Cross-Appellant, and Peter Bishop and Ellen Singer, Defendants. |
Court | New Jersey Superior Court |
Walter J. Tencza, Jr., Metuchen, argued the cause for appellant-cross-respondent.
Patrick J. Monaghan, Jr., Hackensack, argued the cause for respondent-cross-appellant (Monaghan, Monaghan, Lamb & Marchisio, attorneys; Mr. Monaghan and Mark F. Heinze, on the brief).
Before Judges PETRELLA, KESTIN and STEINBERG. The opinion of the court was delivered by PETRELLA, P.J.A.D
Plaintiff, Theodore Johnson, appeals from the dismissal of his complaint that had asserted that defendant, Benjamin Moore & Co., based its Crayola Paints program on various concepts plaintiff had disclosed to it without paying for his ideas and his proposed product line. Plaintiff's proposal had described a do-it-yourself art project called Mural in a Can, consisting of a one-gallon paint can containing: a line drawing with color indications on transfer paper folded like a map; step-by-step instructions; information on color and paint quantities; brushes; masking tape; and a drop cloth. Prior to presenting his product proposal, plaintiff had defendant's representative sign a one-page letter agreeing to compensate him if his idea or product was used by defendant.
After a tortuous procedural history before many different judges, Judge Yannotti granted summary judgment in defendant's favor on the ground that plaintiff's proposal was neither novel nor original, but denied defendant's motions for counsel fees, costs and sanctions. On appeal Johnson raises the following issues:
22. Did the judge err by failing to grant sanctions against defense counsel for intentional misrepresentation?
Defendant cross-appeals from the denial of its requested counsel fees and costs under the offer of judgment rule, and the denial of sanctions.
In his November 21, 1996 complaint, plaintiff alleged that defendant1 and Peter Bishop, defendant's Merchandising and Graphic Design Manager, misappropriated confidential information.
In a first amended complaint, plaintiff added claims of misappropriation of trade secrets, breach of an express contract, breach of a confidential relationship, unjust enrichment, and breach of an implied contract. A second amended complaint added more facts. A third amended complaint added Ellen Singer as a defendant and counts for tortious interference with prospective economic advantage by her and Bishop; and civil conspiracy.
Defendants denied the key allegations of these complaints, raised affirmative defenses and counterclaimed for abuse of process and commercial defamation.
Summary judgment was granted in favor of Singer on plaintiff's individual claims against her. All of the other claims against Singer were merged into plaintiff's claims against defendant because those alleged actions were taken on behalf of the corporation.
On November 17, 1998, defendant's summary judgment motion was denied. Thereafter, Bishop was granted summary judgment on plaintiff's individual claims against him, and the remaining claims were merged with the claims against defendant.
Plaintiff's motion to file a fourth amended complaint adding fraudulent concealment of evidence or spoliation of evidence was granted. Two different motion judges denied plaintiff's motions to dismiss the counterclaims, and reconsideration was denied at least twice. Ultimately, on October 15, 1999, Judge Yannotti dismissed the counter-claims without prejudice to defendant filing the counterclaims in a separate action.2
Defendant thereafter moved for summary judgment. It was granted on December 3, 1999, by Judge Yannotti who filed a written opinion. Although the spoliation and fraudulent concealment of evidence claims had been previously severed from the case, Judge Yannotti ruled on those claims as well, stating that extensive discovery was complete, the parties had fully briefed these issues, and plaintiff offered no persuasive reason why these contentions should not also be considered.
After plaintiff filed a notice of appeal on December 17, 1999, defendant moved for judgment and sought costs and fees under the offer of judgment rule (R. 4:58-3). Plaintiff filed an amended notice of appeal. Final judgment was entered on February 4, 2000, in which defendant was denied counsel fees, costs and sanctions. Plaintiff filed another amended notice of appeal and defendant cross-appealed.
The record is voluminous and we need not burden this opinion with all the details. However, some exposition of the facts is necessary for certain issues we discuss.
In June or July 1995, plaintiff met Bishop at defendant's offices in Montvale to discuss painting a mountain scene for defendant. Plaintiff called Bishop in August to tell him he had developed a new product idea for defendant that he wanted to submit. Bishop then suggested that plaintiff put it in writing.
Plaintiff met with Bishop on August 28, 1995, and presented the following written statement, titled "New Product Proposal," which both parties signed:
According to plaintiff, Bishop called him around September 25, 1995, to say he was going to "higher ups," and later told him that everyone in the office thought it was a good idea. However, Bishop wanted to talk to his superiors about it again.
The proposal was for a product called Mural in a Can, explained under "Product Description," as:
The product description continued:
THE PRODUCT WILL BE PACKAGED IN A STANDARD ONE GALLON PAINT CAN. THE LABEL WILL SHOW THE ACTUAL FINISHED MURAL IN AN APPROPRIATE SETTING (EX: THE SHEEP AND LAMB'S MURAL IN A BEAUTIFUL FINISHED NURSERY SCENE). INSIDE OF THE CAN, THE CONSUMER WILL FIND EASY STEP BY STEP INSTRUCTIONS (POSSIBLE VIDEO TAPED...
To continue reading
Request your trial-
Baer v. Chase
...Hasbro, Inc., 325 F.Supp.2d 509, 513 n. 6 (D.N.J.2004) (citing Flemming test in misappropriation claim); Johnson v. Benjamin Moore & Co., 347 N.J.Super. 71, 788 A.2d 906, 914 (2002) (same); The court in Flemming articulated the test for determining whether the law will imply an obligation t......
-
Read v. Profeta
...(2) it was made in confidence[;] and (3) it was adopted and made use of" by the defendant. Id. ; see Johnson v. Benjamin Moore & Co. , 347 N.J. Super. 71, 84, 788 A.2d 906 (2002) ; see also Duffy v. Charles Schwab & Co., Inc. , 123 F. Supp. 2d 802, 807-08 (D.N.J. 2000). Although novelty doe......
-
Crater Corp. v. Lucent Technologies, Inc.
...(1) the idea was novel; (2) it was made in confidence, and (3) it was adopted and made use of." Johnson v. Benjamin Moore & Co., 347 N.J.Super. 71, 788 A.2d 906, 914 (N.J.Super.Ct.App.Div.2002) (internal citations omitted). The elements of this tort are different than those required to reco......
-
Donchez v. Coors Brewing Co.
...appear to require an idea to be novel before its misappropriation can be actionable, e.g., Johnson v. Benjamin Moore & Co., 347 N.J.Super. 71, 788 A.2d 906, 914-15 (N.J.Super.Ct.App.Div.2002); Alevizos v. John D. and Catherine T. MacArthur Found., 764 So.2d 8, 12 (Fla.Dist.Ct.App.1999); Oas......
-
Misappropriation of Trade Secrets
...1195, 1205 (5th Cir. 1986); Diamond Power Int’l v. Davidson, 540 F. Supp. 2d 1322 1340 (N.D. Ga. 2007); Johnson v. Benjamin Moore & Co., 788 A.2d 906, 914 (N.J. App. Div. 2002). 59. Id. See also Reingold v. Swiftships, Inc., 126 F.3d 645, 651 (5th Cir. 1997); Mangren Research & Dev. Corp. v......