Legal Question in Intellectual Property in Texas

Intellectual property use without permission

I created a curriculum for an early learning center (while also doing other duties). There was NO written or verbal agreement my curriculum would become the property of the center's owners. The school had to close abruptly with only 2 days notice. I tried to collected all of the curriculum material I could find. The property was reopened as another learning center 2 mo. later. I was contacted by the new owners who wanted a similar curriculum from me so they could keep their center virtually the same as the original who had an impeccable academic reputation. We scheduled a meeting to determined needs, price, etc. They never showed up for the meeting.

One of our former parents informed me that she was told (as a prospective customer) they had purchased a curriculum from me. I have subsequently found out they are using some of my curriculum a former teacher took home (and told me she didn't know where it was when I asked her at the time our center closed). She is now working for them.

The last time I talked with the owners of the new center they told me they no longer needed a curriculum because the teachers had their own, and they had found enough bits and pieces left behind to use.

What are my rights in this issue?


Asked on 8/30/01, 5:34 pm

1 Answer from Attorneys
Bruce Burdick Burdick Law Firm

Re: Intellectual property use without permission

You information suggests there is a copyright violation by the new center, although more facts are needed to determine the extent of the similarity. There also would seem to be a copyright violation by the teacher who took your curriculum home, if you can prove it. Let me know if you want to pursue this further. I am licensed in Texas (raised at LaPorte, near Houston, and attended Law School at UT Austin).

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Answered on 10/01/01, 4:10 am


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