Legal Question in Business Law in California

If I tell someone not to steal my idea or variation of my idea which I gave to them to improve their business , have them sign a contract saying that they wont, and that if I feel they have stolen my idea and implemented it, I will sue them with some third party arbitrator, do you think I would have a legitimate case? Say, if I help a resteraunt by designing a special coupon which gets them 25 percent more sales. I say that I want half of what they make (12.5 of the sales). they say they don't like the idea, after they implement it and see for themselves that it actually works (clearly, they are lying about not liking the idea, then; just trying to get out of paying me my half). Later, they put out a similiar looking coupon. If we had agreed that thy wouldn't "stiff" me like this, would I be able to have a case with a third party arbitrator?


Asked on 3/24/10, 8:04 am

3 Answers from Attorneys
Kevin B. Murphy Franchise Foundations, APC

It comes down to what your contract with them says, how specific the terms are, and what you are able to prove. Talk to an attorney in your area.

Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise

Franchise Attorney

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Answered on 3/29/10, 8:26 am
Daniel Bakondi The Law Office of Daniel Bakondi

I have dealt with the issue of protection of ideas. Contract is one theory of liability, but there are others, including tort theory and statutory. Please send me an email and tell me how much you believe they have made as a result of your idea.

Best,

Daniel

The Law Office of Daniel Bakondi

870 Market Street, Suite 1161

San Francisco CA 94102

Daniel Bakondi, Esq. [email protected] 415-450-0424

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Answered on 3/29/10, 10:25 am
Terry A. Nelson Nelson & Lawless

Can you sue? Sure. Can you win? That will depend on all the facts, evidence, contracts, etc, etc. If this is in SoCal and if you're serious about pursing it, feel free to contact me to discuss the merits and value of the case.

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Answered on 3/29/10, 1:23 pm


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