Spitz v. Proven Winners N. Am., LLC, No. 13-3084 (7th Cir. 2014)
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Spitz, a freelance copywriter, developed a plan to market “pet safe plants” to the burgeoning pet supplies market. She pitched the idea to Amerinova, a company that develops and licenses plant varieties. Although Amerinova expressed interest, the project stalled. When Spitz discovered that Proven Winners, a company partially owned by the owners of Amerinova, had described some of its plants as “pet friendly” on its website and plant tags, she sued Proven Winners and its owner, Euro. The district court entered summary judgment in favor of Proven Winners and Euro. The Seventh Circuit affirmed. Spitz did not identify any legal theory that would make Proven Winners and Euro accountable for a contract allegedly reached with Amerinova.
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