Legal Question in Intellectual Property in California

An ex business partner of mine stole my intellectual property and is making a lot of money of my IP.

My question is: are the businesses that my ex partner works with liable for benefiting from my stolen IP.

I plan on taking him, his businesses and any businesses - medicare - to court as they are benefiting from my stolen IP and trade secrets.

Asked on 6/05/13, 10:21 am

2 Answers from Attorneys

Charles Perry Law Offices of Charles R. Perry

Quite possibly, yes. Much will turn on how much they know, what the property is, how it is being used, and what you mean by "work with."

I guess I have two other comments: first, this does not sound like something a pro per can handle by himself -- it's just too big. second, strong consideration should be given to targeting defendants. Suing the US government and Medicare may not be the best strategy, especially since the government is not the same as all other defendants. My advice: get a lawyer involved now, and get yourself organized for litigation of a size you and your counsel can handle. It is easy for defendants to steamroll people in this kind of case.

Read more
Answered on 6/05/13, 10:35 am

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

I agree with Mr. Perry. "Intellectual property" covers a variety of types of rights, each with its own set of protection laws and rules. Enforcing patent rights is, for example, very different from enforcing a claim for unauthorized use of trade secrets, and similar differences would be found when the property in question is a trademark, or a copyright. There isn't a single set of rules nor a single jurisdiction where all IP infringement fits. In addition, the liability (or guilt) of a business entity for the wrongdoings of a natural person connected with the business entity will depend upon the type of entity, the relationship of the individual to the entity, and the nature of the IP and the claimed infringement. The issue of damages potentially available to a successful plaintiff is also quite dependent upon whether the infringement was willful or negligent, the type of property involved, and whether it was protected by registration under patent, copyright or trademark laws.

Read more
Answered on 6/05/13, 1:03 pm

Related Questions & Answers

More Intellectual Property questions and answers in California