Legal Question in Business Law in California

should I remove the designs from my store

I have a friend who told me I should make ''these'' for my site, sitting with my husband they worked out a few designs. We have become more of accountancies over the last year, do to the fact that she talks a lot about others so I just backed off. As we are starting to grow she contacts me, she tells me she is hurt that I was not thankful for what she had done for me and wants money for what she is now calling her designs. I tell her I have always wanted to do a little something for her besides picking up lunch and dinner all the time. I tell her I will give her 6% of the sales plus 2%(for waiting) for 05 & 06, I have the financial for 06 but I tell her 05 is all paper and I have to go back through everything, she tells me it is not about that and that she just wants me to be greatful. I send her $500 thru paypal and put what we agree (no 05) in the exceptance of the money. I tell her I will run the rest of the financials for 06 are CHA and send her the balance for 06. After CHA I come home to an email saying that she now wants me to get paid for 05 and wants credit via her name. Do I owe her for 05? Should I remove them from my site and if I do does that look bad should I continue to sell them and just pay her 06 like agreed?


Asked on 2/20/07, 3:37 am

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

Re: should I remove the designs from my store

It's time to do things right, and work out a written agreement between you that covers all the necessary terms for royalty payments and ownership/use rights. The amounts in question are not high, but this could devolve into a lawsuit that would cost a lot more in attorney fees then, than creating the agreement now. Feel free to contact me if you need legal help doing so.

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Answered on 2/20/07, 3:07 pm


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