Legal Question in Business Law in California

I gave them a proof, they riped it off

I put a bid in to design/supply t-shirts (design creation, t-shirts, and printing) I gave the client proofs for two of the design options.

They choose our design but they wanted a lower cost than the one I proposed. I declined to lower my cost. He then asked to by my artwork, but he then declined because the artwork price was too high for him.

Bottom line he took my work to someone else and mad a near identical t-shirt.

I was under the impression that if no written contract is signed to give him rights he has no rights to give that artwork (hard copy, not the file)to a competitor and have them recreate it making a few minor changes. Also sence no buisness transaction occured, i was under the impression that the only way he could manipulate/copy/reproduce/distribute my artwork is for the purpose of evaluating my bid

Am i stuck with out a NDA if i have proof i created the document long before the competitor did?

Thank you

Eric


Asked on 11/17/01, 9:11 pm

2 Answers from Attorneys
Ken Koenen Koenen & Tokunaga, P.C.

Re: I gave them a proof, they riped it off

If you can prove that you made an original design, that the other party took it to a different company to make a slightly different impression, and it is similar enough to show that the idea came from you, you should have a good opportunity to get damages for your lost earnings.

If you are in the Bay Area, give me a call. 925-924-0100

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Answered on 11/19/01, 8:22 pm
Norman Gregory Fernandez, Esq. The Law Offices of Norman Gregory Fernandez & Associates

Re: I gave them a proof, they riped it off

Sounds like you have a great case for copyright infringment among other things!!

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Answered on 11/17/01, 10:36 pm


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