Legal Question in Business Law in Michigan
Intellectual Property
A business associate created a product design, and has devoted a great deal of time in marketing. He recently discovered that his idea had been stolen, and produced by someone else. I suggested he give the perpetrator a "cease & desist" order, but am not sure how he would proceed in that regard. Do you have any suggestions?
1 Answer from Attorneys
Protecting an idea
Take a close look at when the "marketing" efforts began, and if it has not been more than a year, you may qualify for a patent on the idea. You need to consult with a Patent Agent or a Patent Attorney. Not all ideas can be protected with a Patent. A cease and desist letter is not as effective if there is no patent, and there is no patent "pending". In addition, you could subject yourself to a Court procedure in the location of the other company (a "declaratory" action), if you are not careful in the way you construct your "cease and desist" letter.
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