Legal Question in Intellectual Property in Michigan

Former colleague wants to sue me for my website

Hello. I am a Realtor. I purchased a website in '04 and have worked on it since then. I paid the set up fee when I purchased it and hosting fees each month (documented) since then.

In march '07 I started working with another agent. The agreement we had, stated that ''all personal websites should have his name on them''. At this time, it also had my name on it. The agreement also stated that it (the agreement) could be cancelled at any time.

In September or October of '07, we agreed to try putting his name and removing mine and he would take the calls. This was a verbal agreement that we agreed to try for 3 months. I still maintained the website, paid for hosting etc, it was always my website and any changes to it had to be approved and implemented by me.

This website, through my hard work over the years, generates leads. That was the only reason this agent wanted me on his team in the first place.

I recently quit working for him (June '08) due to his verbally abusive nature, insults and condescending attitude towards me. Basically he was not a very nice person to work for. The agreement we had says that it can be cancelled at any time, so I quit.

Now he is threatening to sue me.

Any help is greatly appreciated.


Asked on 7/11/08, 11:06 am

1 Answer from Attorneys
Patrick Tracy Patrick J. Tracy, Esq, P.E.,

Re: Former colleague wants to sue me for my website

The suit turns on the facts and circumstances of all of the agreements. You own the website and have maintained it throughout. One theory that could be presented is that the agreement was a licensing agreement at will and could be cancelled in accords with the employment agreement. Not knowing the substance of your agreements, I cannot advise you any further. Seek competent counsel in your jurisdiction if you are concerned about the potential of litigation.

This answer does not create an attorney-client privilege, it is merely a reply to a general question related to intellectual property.

Patrick Tracy

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Answered on 7/11/08, 11:18 am


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