Non Disclosure / Non Compete

[chucky123]

What is the name of your state (only U.S. law)? North Dakota

 

[Silverplum]

What is the name of your state (only U.S. law)? North Carolina

Recently signed a non disclosure and non compete to here a new business pitch. After hearing the pitch, it is basically a common place idea with one unique twist.

Would engaging in the business but not disclosing or competing in the way of the "unique" twist be legal?

Similar example:

Lets say its just like eBay except the twist is that part of the profits from the auction are split among all the losing bidders.

Say I don't care for the unique aspect but obviously I have heard of eBay before, so its not like I would be stealing anything from the guy. So now I want to start my own traditional eBay type site specifically around car parts for example. Is this legal or did I just screw myself out of doing something?

My thoughts are my company would not be in direct competition and not using the single unique idea of what the agreement was based around.

My thoughts are that you would not like to be in the other guy's position and have your ideas stolen, and that you don't give a hoot what legal documents you sign.

 

[justalayman]

.

Would engaging in the business but not disclosing or competing in the way of the "unique" twist be legal?

what does your non-disclosure/non-compete say to the issue?

 

[chucky123]

My thoughts are that you would not like to be in the other guy's position and have your ideas stolen, and that you don't give a hoot what legal documents you sign.

I don't necessarily want to enter this business.

 

[Silverplum]

I don't necessarily want to enter this business. I am just trying to figure out the boundaries. Nor do I want to steal his unique idea. Its pretty interesting but I have my own ideas about the model that are completely different.

Then you should answer justalayman's question.

 

[justalayman]

I don't necessarily want to enter this business. I am just trying to figure out the boundaries. Nor do I want to steal his unique idea. Its pretty interesting but I have my own ideas about the model that are completely different.

and that is one reason for a non-compete. His ideas spurred you to come up with your own ideas. That means his process was the basis for your result. As such, how would you competing with him, ultimately using his own idea in one way or another, against him be fair?

 

[chucky123]

and that is one reason for a non-compete. His ideas spurred you to come up with your own ideas. That means his process was the basis for your result. As such, how would you competing with him, ultimately using his own idea in one way or another, against him be fair?

No not using anything of his idea at all....

 

[Silverplum]

No not using anything of his idea at all, I don't like his idea. I just want to copy 'eBay', the well known public business model.

If it wasn't his idea, then why everything before this post?

 

[chucky123]

If it wasn't his idea, then why everything before this post?

Its not unique other than the twist....

 

[justalayman]

No not using anything of his idea at all, I don't like his idea. I just want to copy 'eBay', the well known public business model.

where did I say it was his idea? Huh? Where?


I said his idea spurred you into your idea. That means without his idea, you would not have come up with yours. In real estate terms, that is procuring cause. In liability actions, that is proximate cause.

any way you look at it, his idea was used and as such, he has a valid right to enforce the non-compete.

Of course, if you feel otherwise, go ahead and start competing. If he objects, you will likely get to sell your position to a judge or jury.

 

[chucky123]

I do not plan to enter the business. Thanks for your input.

 

[eerelations]

I do not plan to enter the business. Thanks for your input.

Sure you do, that's why you deleted your original post and edited everything else. Too bad everything's still here...