QUESTION

Are there any cases where someone disclosed a trade secret but did not have the third party sign an nda ...

Asked on May 07th, 2012 on Intellectual Property - Texas
More details to this question:
Where the third party tried to produce the idea and the court found that the third party breached an implied NDA. I disclosed my idea without an nda and now the third party is playing hardball. Are there any instances where the court ruled in favor of the originator of the idea. I can prove through emails that I own this idea and from witnesses within the company who will attest to the fact that I am the originator of this idea.
Report Abuse

2 ANSWERS

You could try to argue that you had an oral agreement with the other party to keep the information confidential. Oral agreements are very hard to enforce if there is no written evidence, and there are other obstacles such as the Statute of Frauds that prevents certain oral agreements from being enforced. The best way to protect yourself is through a written agreement signed by both parties in advance. Depending on the idea, though, if you are the author or inventor, you could register the copyright or file to patent the invention. Only the author (in the case of copyright) or the inventor (in the case of inventions) can file for copyright or patent protection so you could shut them down through these avenues if they apply. You should talk to an intellectual property lawyer about the next steps to take.
Answered on Jun 02nd, 2012 at 1:44 PM

Report Abuse
Litigation Attorney serving Greenwich, CT
Partner at Hilary B. Miller
Reviews not shown
1 Award
It is generally considered impossible to protect an "idea" from use by another party in the absence of an express agreement by that party not to make commercial use of it. Even if you can prove that the idea was original with you, which the other side may not dispute, once you have disclosed it without a confidential disclosure agreement, the disclosee is not bound to refrain from using it.
Answered on May 08th, 2012 at 10:37 AM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters