QUESTION

What can we do regarding a product idea that was stolen?

Asked on Jul 31st, 2013 on Entertainment Law - California
More details to this question:
My husband and his business partner were working with a guy on a product (several products) for which the guy later took the ideas as well as charts etc. and has since launched our ideas/products with a different company. He has stated that he never spoke with my husband or his business partner. We have many emails as well as sample shipments sent to this guy as proof. The guy has since made millions off of our idea and continues to use our charts and ideas to this day. Is there anything that we can do? It is heart breaking that he has since released an article stating that he would never steal someone's ideas. Please help.
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3 ANSWERS

Acquisitions Attorney serving Lincoln, NE at Jayne L. Sebby
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Since he refuses to cooperate, you're going to need to take him to court. You will need to prove that he stole the majority of his product from you, that he did it deliberately, and that you suffered damages as a result. You can also challenge any patents or copyrights that he holds on the product.
Answered on Aug 02nd, 2013 at 12:19 PM

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Susan Marie Basko
This is an example of why you should hire a lawyer to protect your interests from the very beginning. Your husband and his partner should have had a signed nondisclosure agreement with the man with whom they were sharing their product plans. It is possible that enough of a contract exists within the emails. You now need to hire a good business lawyer to assess if you have a case. This is why I tell people that refusing to pay a lawyer a low amount to write up contracts, read any contracts, and help you set up your business almost always backfires. Trying to mop up the mess you get into by not having your legal work done right, or not done at all, costs far more. The terms of working together should have been clearly spelled out in a contract before anything even began. That would include nondisclosure, confidentiality, duty of loyalty, etc.
Answered on Aug 01st, 2013 at 6:04 PM

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Business Litigation Attorney serving Oakland, CA
Partner at Bay Oak Law
3 Awards
The question is whether this man violated any duties to your husband, either as a fiduciary or through something like a non-disclosure agreement. You need to meet with a business lawyer to review your facts and options. Some lawyers offer free half-hour consultations.
Answered on Aug 01st, 2013 at 4:53 PM

This answer does not mean I am your lawyer. No attorney-client relationship exists. This response is for general information only.

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