Legal Question in Intellectual Property in Massachusetts
Property Rights
In 2004 I went to my company I was a sales manager and knew that the way of lending for our company needed to move forward into creating an online presence for lending but not for actual approvals but for an area of capturing a market that I felt wasn't being served correctly and also we were not even doing in business. I spoke to a friend about my ideas and my company and put together a business plan to create an online application for mortgage leads and they hired my friend based on my recommendation to create as a beta for us. We signed a contract based only on the creation but not on the actual creation of the product. My friend took my idean, rendering and layout and then created and branded the product under a seperate brand to sell to others. I didn't have any sort of agreement with my company that anything that was created in my position would be the company's property.
I have every piece of research and layout on my creation and how it actually came full circle.
My friend is now out selling it to other companies for a profit based on my concepts.
Do have enough background and documentation to move forward in a law suit on intellectual property theft?
It upsets me everyday that my idea is used.
1 Answer from Attorneys
Re: Property Rights
You should have an IP attorney look at the relevant documents -- most particularly, the contract -- to advise you on your situation. As a general proposition, I would opine that you have no IP claim unless the contract provides one. The mistake here was in providing your idea to your (erstwhile) friend without having a confidentiality/non-disclosure agreement. You might at least raise a cognizable claim under the Chapter 93A (unfair trade practices) law, and it is worth analyzing that theory.
Best wishes,
LDWG
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