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Ideas within a business get ugly...

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pointlessjon

Guest
California.

[Didn't know if this should go here or Business Law so this was also posted in Business Law]

So here's the situation:

There are three people, 'A', 'B' and 'C'. 'A' and 'B' have been in a business (1)together for years. Person 'C' was hired as an employee for business 1, which is retail. While working for business '1', 'A' and 'B' realized that 'C' excelled in design and designed print ads and website for 1. 'A' and 'B' come to 'C' one day with idea of starting a project to make a product and sell through existing business '1'.

'B' and 'C' work closely together for the next 6+ months, C designing everything, and B investing and producing. In this time, 'C' and 'B' turn this small project into a seperate entity, business '2'.

Idea turns to invention, invention gets an image, market sucks image and invention up-- things are going well. In this time 'C' and 'B' even get other retail stores to pick up invention. So now, after idea turns to invention and ~6 months pass, 'A' sees that '2' is doing well and wants to stake his claim.

'A' claims that he is entitled to partnership with company solely because he came up with the name. 'A' also claims that it is illegal not to include him due to the fact that idea originated with 'B', and therefore is essentially property of business '1'.

So now,

Partner A is disgruntled and threatens legal action if not included into partnership for '2'.

Partner B would prefer to (a.a) avoid legal action considering he's already in a successful business '1' with 'A' and (b.b) fears legal action due to the fact that '2' was started with money and credit from '1'. (do note that after initial funding, '2' paid back all debt and now works on its' own cash flow)

Partner C does not want partner 'A' involved with '2' because (c.c) 'A's is not needed, is not bringing anything to the table so-to-speak, (d.d) does not feel it fair after hundreds of hours spent creating original works and building image for '2', now that it is successful, should someone try to ride 'B' and 'C's wave and (e.e) 'A's sole focus is greed and has no interest in integrity, philosophy or future of '2'.


So that's it. My biggest question is, is partner A really in a position to just walk in a stake claim here? Would partners' B and C be better off just cutting losses, calling it quits and walking away? Does Partner B and C have any legal ground to ignore/fight A?

Thanks in advance. Let me know what you think...
 


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pointlessjon

Guest
it's not homework, i left names out for anonymity purposes. i am actually person C, and I'm young and unfamiliar with business law, intellectual property law, and basically in no position to hire a lawyer just to talk about the situation... anyway, that's why i'm here. thought some people in the know would be able to help
 
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