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Intellectual Property Agreement

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C

Codan

Guest
What is the name of your state? CA

In February of this year I developed a web site for a person who wanted to start an online business leads club (where members exchange leads with other members). After developing the site, the owner approached me about entering into a partnership to sell similar sites to other people. She had me then sign an "Intellectual Property" agreement before proceeding with the partnership. The agreement covered only her original site, not any future sites that I may develop under a "partnership."

However, no formal partnership was ever formed (nothing was signed), and we parted company. Just before parting company, two individuals approached her about developing a leads club site. But before any work was done, we parted company and she subsequently gave their deposit back. Those two individuals then approached me, and I agreed to develop a site for them. Although it was a "leads club" it differed in many respects (mostly procedural). I did not use any of the same code, graphics, or material from her original site. In fact, I possess nothing related to her original site. It looks and functions in completely different ways. And the name is different.

She is now threatening legal action against me, stating that I have broken the Intellectual Property agreement by developing a "leads club" site for someone else.

Does she have a case, or is she confusing an idea or concept with something that is trademarked? She does not own the idea of a leads club.
 


ALawyer

Senior Member
She can threaten to sue, and can sue. That costs you money and aggravation. Even if you ultimately will win.

Without at least looking at the agreement, and knowing more of the facts, it would be impossible for any attorney to say what her chances are. HOWEVER, it is possible that if you signed a reasonable agreement, restricting you rself from engaging in competion within a reasonale geographic area and for a reasonable time frame, and she disclosed a killer concept to you, or other valuable information -- even if it was not original -- you'd be bound by what you agreed to.
 

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