QUESTION

How can I protect my ideas when ending a partnership?

Asked on Sep 07th, 2015 on Patents - California
More details to this question:
I had an idea for an iPhone application, and partnered with a programmer and a designer to implement it two months ago - verbal agreement, they have 50% equity. We're close to launch-ready, but the relationship has been rocky as they won't listen to me. None of us is happy in the partnership, and we all agree launching under these conditions seems imprudent. I'd like to develop my idea with somebody else, or perhaps hire a programmer. The only written agreements are standard NDAs, including non-compete, they signed before I told them my idea. 1) A number of important features and strategies have been added to the original idea over the past two months. They initially suggested some of these ideas, but many of them were formed through our joint discussions. Can I safely use these features in my new company? Does it matter who thought of what during the partnership? 2) How different from the designer's layout and appearance must I deviate to be safe (he's mad, and says I can't use his designs)? 3) Since I brought the original idea, and they signed a non-compete agreement, they aren't allowed to release their code are they? I don't want to compete with them. Thanks for helping me out!
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3 ANSWERS

Appellate Litigation Attorney serving Boston, MA at Banner & Witcoff, Ltd.
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Visit a lawyer now. You need a written agreement with your partners - so the questions raised below can be addressed before any break-up. New ideas created during the partnership are likely the property of the partnership - not you; and you likely cannot use them without permission, Visit a lawyer now. You don't need to get into litigation - as only the lawyers win there.
Answered on Sep 08th, 2015 at 7:43 AM

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Acquisitions Attorney serving Lincoln, NE at Jayne L. Sebby
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While the original idea may be yours, any work that was done under the partnership probably belongs to all three of you. Unless you can get rights releases from each of them, you would be wise to avoid using the features, including coding, that were developed during the partnership. And next time, resolve the business part, including establishing who owns what, before getting caught up in the creative part.
Answered on Sep 07th, 2015 at 5:11 PM

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This sounds like a classic result of failing to get legal help in the first place. It may get very expensive now and from your description it is not at all clear what you can salvage. I would suggest to organize what documents you have and find a highly skilled and well-recommended attorney to help you sort this out, assuming the value of the business will support the expenditure.
Answered on Sep 07th, 2015 at 12:16 PM

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