Legal Question in Intellectual Property in Texas

Ownership of Relationships

Can a company deem ''ownership'' of relationships and therefore, enforce that a previous contractor CANNOT contact those contacts?

Example: a 1099 contract does NOT have a non-compete clause or any other clause that states that upon termination of the relationship between the individual and company, the individual cannot contact previous people (customers, prospects, and resellers). The contract DOES have a clause of the obvious confidentiality of trade secrets, proprietary information, customer lists, etc. Is is possible for the company to ''OWN'' relationships? Does the former contractor have the right to contact those people regardless of what the individual is now selling since there is no ''non-compete'' clause?

Where can I do further case law research on this topic?

Thanks.

(I am not sure what category of law this falls under, so if it's not ''intellectual property'', I apologize. Pease redirect.)


Asked on 6/23/04, 12:22 pm

1 Answer from Attorneys
Peter Bradie Bradie, Bradie & Bradie

Re: Ownership of Relationships

A company may have a proprietary interest in trade secrets including business relationships. Trenching upon such trade secrets may bring on a lawsuit to enjoin and stop the activity.

Go to a law library that has the Southwest Reporter that covers Texas cases, and research in the Texas Digest under "Trade secrets, protection". It is intellectual property, but usually lies in the area of business law rather than patent, trademark and copyright.

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Answered on 6/23/04, 3:46 pm


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