Robbie Hargett Feb. 25, 2016, 3:00pm


SACRAMENTO, California (Legal Newsline) - A Placer County man is suing Scotts Miracle-Gro, alleging it stole his idea.

Theo Duncan filed a lawsuit Feb. 16 in U.S. District Court for the Eastern District of California against The Scotts Miracle-Gro Company, alleging breach of contract, breach of implied contract, unjust enrichment, breach of confidence and violations of California's Business & Professions Code.

The suit alleges Duncan invented a liquid fertilizer universal feeder that could attach to a spigot and turn a watering device into a garden feeder. The lawsuit states the plaintiff pitched his product to Miracle-Gro, which offered to purchase all rights to the invention for $5 million, plus a 5 percent royalty.

Duncan accepted the offer but, the suit alleges, Miracle-Gro never paid him anything, made no further contact with him, ignored his attempts at contact, and started selling Duncan's invention as one of its own products.

Duncan seeks compensatory and punitive damages, restitution and disgorgement, interests, attorney fees and costs, plus a jury trial. He is represented by attorneys Randolph Gaw, Mark Poe and Victor Meng of Gaw Poe in San Francisco.

  

U.S. District Court for the Eastern District of California Case number 2:16-CV-00293-TLN-KJN

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U.S. District Court for the Eastern District of California
501 I Street
Sacramento, CA 95814

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