QUESTION
Can I sue my friend if she takes my website idea?
Asked on Aug 28th, 2011 on Patents - Oregon
More details to this question:
I shared info about a website that had tangible evidence of already being extensively created and in the works with two friends at the same time. When I told them, I did not have them sign and NDA or contract, but have told them on several occasions that this is something that cannot be shared with anyone and they both agreed. I am worried that one of my friends is being sneaky behind my back and creating the same type of website. Can the one "friend" that I shared this with take off with my idea? Can I sue if she does? My website is almost complete, but may not be as valuable if she comes out with hers first. I told her about the website a while back. Does the one year rule for IP effect me in this instance.
1 ANSWER
First - what would you sue her for? You don't own anything. You didn't file a patent or a copyright on the code. You cant sue them for stealing something you don't own. If you could what would be the sense of getting a patent? Anyone could sue anyone else saying that they thought of it first and thus they owned all rights to it. As for the oral agreement, all I can say is that you should have given them a written NDA form that had an attorney fee clause and a liquidated damages clause in it.
Answered on Aug 31st, 2011 at 12:42 PM