Nadel v. Play-by-Play Toys & Novelties, Inc.
United States Court of Appeals for the Second Circuit
208 F.3d 368 (2d Cir. 2000)
Relevant factsFree
Craig Nadel (plaintiff) pitched his idea for a spinning, sound-making tabletop monkey toy to Play-By-Play Toys & Novelties (defendant), which a few months later released 'Tornado Taz,' a Tasmanian Devil toy sharing the same general characteristics, without compensating Nadel; Play-By-Play claimed it developed Tornado Taz independently. Nadel sued for breach of contract and misappropriation, and the district court granted Play-By-Play summary judgment after finding Nadel's idea was not novel in general terms.
IssueFree
Whether, in contract-based claims in submission of idea cases, a showing that the disclosed idea was novel to the buyer can constitute consideration.