Legal Question in Intellectual Property in California

Intellectual Property Agreement Violation?
In February 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 then had me 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. Before any work was done, however, we parted company. Those two individuals then approached me later, 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. It looks and functions in many different ways.

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?

Asked on 9/11/02, 5:53 pm

3 Answers from Attorneys

Timothy J. Walton Internet Attorney

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Re: Intellectual Property Agreement Violation?

Whether she has a case depends upon what the intellectual property agreement says. You need legal advice from a competent attorney in your jurisdiction who has had an opportunity to review the contract.

Answered on 9/11/02, 6:00 pm

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Keith E. Cooper Keith E. Cooper, Esq.

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Re: Intellectual Property Agreement Violation?

It is impossible to answer your question in a vacuum. Whether she has a case or not depends upon what the agreement says and what breaches she alleges. You should consult with a competent attorney who practices in the contracts area before making a decision about how to proceed.

Answered on 9/19/02, 8:34 pm

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