Legal Question in Intellectual Property in Indiana

Is the prospect right or wrong?

I have a small, part-time, wood deck building business. I sent a prospective client several designs. My cover letter states, ''My designs are proprietary. Please do not share them with other contractors or designers.'' Several times, he indicated he was waiting for the home to be finished before asking me to build. After the home was finished, he told me his builder was going to build the deck. I wrote him a letter stating, ''Please remind your framer not to build my design, as my designs are proprietary.'' Recently, I had the opportunity to see and measure the deck. It is EXACTLY my design, down to the inch and style. Has he violated a law, does he owe me anything, and should I go after him? Thank you for your help.


Asked on 9/19/02, 5:33 pm

1 Answer from Attorneys
Michael Hermann Law Office of Michael Hermann

Re: Is the prospect right or wrong?

There are several questions here. Did you send them detailed designs that were copyrighted and developed indenpendently by you? If they can claim that they acquired the design/blueprints from a public domain source, they may defeat your claim. (This appears unlikely if what you say is true, and the diminsions and design are exactly what you sent the prospect.) You may have an action against the builder for unfair competition/misappropriation or copyright violation. If you have not already done so, you should file Copyright form TX and Register the plans at the US Copyright office. (Downloadable Copyright Forms are on the Internet) This is required before bringing a copyright infringment action. If your design is unique or has proprietary elements not normally found on a typical deck, your case is stronger. If it is very basic, with no unusual features, your case may appear weaker and look like sour grapes at having lost the "bid". Good luck!

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Answered on 9/20/02, 11:07 am


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