Legal Question in Business Law in Illinois
A prior acquantance of mine came to me with a name of a service, and a vague overview. We had agreed that he would pay me for the project, as well as offer 40% of profits. As I have clocked over 250+ hours into programming, I write a contract stating I want $3,000 for the work done, and he can pay me in payments. I am now taking this project that I had developed, and am releasing it under a different name. He is threatening to sue me for 'stealing his idea'. I have done 100% all the work. Does he have any form of legal basis here?
1 Answer from Attorneys
You just admitted electronically in this forum that you wrote up a contract to provide services for which you would be paid, and apparently your acquaintance trusted you enough to sign off on it without making sure he or she retained ownership of the end product you worked on, regardless of the value added. Without seeing the contract, your acquaintance may have relied on your good faith not to take his idea and attempt to repackage it as your own, in part because "ideas" alone can't generally be protected by any trademark or related laws, and only the contract can protect these rights until it is protectable. Or maybe the contract was silent on those points and therefore you may not be able to suggest you have additional rights to the work you did. And maybe your acquaintance was just a fool to trust you. So you better have an attorney review the contract, because if there is any wiggle room it could be interpreted AGAINST you. At the same time, if the idea is a flop, then the only one who may pay you would be that acquaintance, and you may have poisoned that expectancy as well.
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