Legal Question in Business Law in New Jersey

For protection can an idea for a business be registered Example: I learned of a new company that wanted to expand. I made contact and

discussed territories. A former partner expressed interest and informed me that his

employer was also interested.They would want 50% they had afacilities and a warehouse and funds.I had no funds but knew the potential was great so I agreed.

The employer put his companies name on the agreement.Now, my former partner

and his employer appear to be taking over We have no signed agreement amongst

ourselves Do I have any recourse?


Asked on 3/01/11, 9:45 am

2 Answers from Attorneys

Barry Gartenberg Barry F. Gartenberg LLC

Thank you for your LawGuru question. Ideas can be protected, typically by contract and non-disclosure and non-use agreements. As a general rule, oral and implied contracts and are as legally enforceable as wrtten contracts. Of course, the challenge becomes proving the existence and content of an oral or implied agreement. I suggest that you contact me ASAP so that we may explore your options and protect your legal rights. 973-921-0600.

Kindly note and remember that my response is merely a general comment on the law related to your question, and NOT legal advice or opinion. Also, your question and my response does NOT create an attorney-client relationship between us. You cannot rely upon what I have written, because I do not have all of the information that I need to advise you or render an opinion. Even simple facts you have not shared can completely change my answer. For me to give you legal advice or opinion, you would need to hire me to be your lawyer, and then we would need to discuss this in detail and go over the documents.

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Answered on 3/01/11, 1:29 pm
Kevin B. Murphy Franchise Foundations, APC

As a Franchise Attorney I agree with the other attorney answer. You may or may not have had an oral contract. The challenge is proving that one exists, and its terms. Next time, get it all in writing from the start. Consult with a good business or franchise attorney in your area for specific advice.

Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.

Franchise Foundations, a Professional Corporation

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Answered on 3/01/11, 2:48 pm


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