Business stole my design

UPDATED: Oct 1, 2022

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Business stole my design

Hello, a year ago I was in detailed talks with
the owner of a major company to purchase
/trade product for a design and prototype I
made that fit their business platform. After the
owner quit contact a year passed. 63 weeks to
be precise, the company released the same
product that was in the talks a year prior.
SAME. do I have a leg to stand on here or am I
chasing lost hope

Asked on April 2, 2019 under Business Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Did you have a written confidentiality or non-disclosure agreement with them, which would have prevented them from making this product themselves, without you, or otherwise disclosing or using it? If you did have such an agreemen or contract, you could sue them for breach of contract, for some combination of a court order barring them from doing this and/or for monetary compensation (e.g. some or all of their profit from the breach and releasing "your" product).
But without a written contract or agreement to this effect, you are unfortunately out of luck: you disclose ideas and designs to others without having a confidentiality, etc. agreement in place first at your risk, and if you disclose an idea, etc. to another without such an agreement, they may use it.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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