Fred Cuellar Ravens Lawsuit

The Fred Cuellar lawsuit is an interesting case pertaining to prototype law. The Fred Cuellar lawsuit involves the defendant, namely the Baltimore Ravens football team and Diamond Cutters International, Mr. Cuellar's jewelry design company. All of the exact details of the case are not available but compiling from public record the following account can be ascertained:

Fred Cuellar was commonly contracted to design championship rings for various NFL franchise teams. The Baltimore Ravens put into consideration the services of Fred Cuellar and Diamond Cutters International to design a championship ring for the team. Records indicated that Fred Cuellar designed a prototype diamond championship ring for the franchise ownership in the hopes of winning the contract for design and creation. Trial records indicate the prototype was presented favorably to the Baltimore organization, who then asked to borrow the prototype for further consideration. The championship ring was in possession of the Ravens organization for a couple weeks until the request for the return of the valuable prototype was returned. Diamond Cutters International was not awarded the contract for the rings and the matter was thought finished.

The following year the 2000 championship rings were announced and it was discovered to be a near identical design of the prototype that was presented by the Diamond Cutters International design firm a year earlier. Fred Cuellar filed a lawsuit for damages and was deemed the injured party in court and awarded undisclosed damages. The matter was then determined closed and both parties ended the disagreement. Though there are many questions left after the Fred Cuellar lawsuits completion, the prototype seemed indisputable evidence of design theft. In this case, a thorough examination of the designs, the prototype and the final ring reveals how brazen was the prototypes duplication. The law is clear in cases like this where the evidence is clear, but in the absence of a signature design prototype with a creation date to back up your story makes design theft difficult to prove.

Ok future lawyers, and my treasured law students out there. Here is your design law challenge for the day, using the Fred Cuellar lawsuit details above as the example. I present to you this challenge:

If the Ravens had never returned the original championship ring prototype design, and there was no evidence that it existed, how would you go about proving Mr. Cuellar's case. Imagine perhaps that the prototype was dismantled and any documented evidence, sketches, details, etc. were lost in a fire. You believe the validity of your client 100% but haven't the evidence to support his claims. How would you structure your case in this circumstance, and detail for me your legal plan of attack to sue for damages. The usual prize will be awarded to the not only the best answer but the most creative plan for this suit.

Warning: There is a subtle legal maneuver in this case that could help prove Mr. Cuellar's case, think 1957. ;)

Good Luck!