Legal Question in Intellectual Property in California

Nondisclosure / Website Ideas

I'm currently working on a commercial website for profit, and have yet to hire programmers and coders to construct the actual website. The concept, designs, and related aspects to the website have been created and documented so far.

I'm very worried about someone stealing my idea when the time comes to discuss my project with potential programmers and coders. If funding was no issue, I would immediately write up a nondisclosure agreement with an attorney. Since funding is limited, I'm wondering what my options are at this moment to protect myself and my project? And more importantly, how much good will a nondisclosure agreement have in the state of California for a website?

By the way, I do understand that once my website is up and running, anyone, anywhere, can steal the concept. This is an issue beyond my control, and if it happens, the competitors will be lagging as I steadily build up a large user base and name for my website.


Asked on 3/13/08, 8:41 pm

3 Answers from Attorneys
Johm Smith tom's

Re: Nondisclosure / Website Ideas

NDAs are much better than not having anything. Our CA member firm can assist you with one. The people who work with you are the greatest threat to you because they wouldn't be behind you if they started to compete.

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Answered on 3/13/08, 9:09 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Nondisclosure / Website Ideas

Until the value of the idea is up into the six-figure area or higher, nondisclosure agreements have limited value because the idea thieves don't expect to be sued - IP lawyers charge high rates and IP cases are complex, so the misappropriator doesn't run a huge risk. Therefore, while the NDA certainly has some value, it is more important to choose reputable and trustworthy individuals to work on your project. Moral character will work where all the legal verbiage in the world will not. Another good idea is to segment your project so than no one has all the pieces; this is not always possible but when and to the extent you can, do so.

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Answered on 3/13/08, 10:45 pm
Gordon Firemark Law Offices of Gordon P. Firemark

Re: Nondisclosure / Website Ideas

Both of my colleagues' answers are accurate and useful. I'd only add that an NDA is useful because it will show your employees and contractors that you're serious about protecting your property, and will be watching!

Spend the bucks on a lawyer for this... it's not likely to cost that much, and will offer you considerable peace of mind.

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Answered on 3/14/08, 12:45 am


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