Legal Question in Business Law in Michigan

Intellectual Property

A business associate created a product design, and has devoted a great deal of time in marketing. He recently discovered that his idea had been stolen, and produced by someone else. I suggested he give the perpetrator a "cease & desist" order, but am not sure how he would proceed in that regard. Do you have any suggestions?


Asked on 3/30/98, 6:46 pm

1 Answer from Attorneys

Thomas Workman Law Offices of Thomas Workman

Protecting an idea

Take a close look at when the "marketing" efforts began, and if it has not been more than a year, you may qualify for a patent on the idea. You need to consult with a Patent Agent or a Patent Attorney. Not all ideas can be protected with a Patent. A cease and desist letter is not as effective if there is no patent, and there is no patent "pending". In addition, you could subject yourself to a Court procedure in the location of the other company (a "declaratory" action), if you are not careful in the way you construct your "cease and desist" letter.

This message is provided to assist you in structuring your thoughts when you speak with an attorney about your situation. I am not your attorney, and you are not my client, so this is not legal advice. Legal advice can only be given after a careful interview of the client by the attorney, and I have not had the opportunity to understand the significant issues that I must understand to render legal advice. You should contact an attorney in your state to discuss your situation. That attorney can give you the advice that your situation deserves, after carefully considering the issues that are legally significant in your situation.

Read more
Answered on 4/16/98, 10:57 am


Related Questions & Answers

More Business Law questions and answers in Michigan