Legal Question in Intellectual Property in New York
Start up breakup - who owns the idea?
I and another individual got together to start up a web business - the initial idea, final design, and details on the site were done by me and I have Powerpoints to prove it. The other person worked on the business plan. We are now in dispute over something else and are not moving forward together. There are no signed agreements of any kind. Do any of us 'own' the web site idea? Or could he go off on his own and build it? Any way I can protect this since I worked on the concept and design?
2 Answers from Attorneys
Re: Start up breakup - who owns the idea?
If you developed the website as an employee of the company within the scope of your employment, the website would likely be deemed property of the company. Who can legally do what with the website depends on the scope of authority of the other individual and you with respect to the operation of the company and the website.
Let me know if you'd like to discuss further.
Re: Start up breakup - who owns the idea?
It depends. If you didn't take any steps to formalize your relationship -- such as forming a corporation, LLC, LP, etc. -- you are likely a de facto partnership under the law. If this is the case, you both own it equally but his rights (and yours) to do things independently with such equity can only be answered with more details. Feel free to get in touch if you'd like to discuss this. Otherwise, I'd suggest you retain your prefered counsel to review the situation and advise you.
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