Designer Steals My Idea After Signing Non Compete

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  • dave90210
    Registered User
    • Mar 2007
    • 1745

    #1

    Designer Steals My Idea After Signing Non Compete

    I hired some idiot to design something for me she told me her hourly rate for her services I agreed and she filled out a non compete form. She later decides she wants more money and turns crazy on me and steals all my materials and says shes going to use the materials to make my product i asked her to design and sell them on ebay. Even though she stole all my materials and product the police wont let me file a police report.

    She claims her design I hired her to do is hers and not mine even though I already paid her for it. 2 weeks later after I hired she she demands royalties and other fees for using her work. She was being paid to design a prototype it wasn't a business partner relationship. She knew when I hired her the prototype was going to be used for production. She got mad at me because she didn't like my tone when I asked her why she bought more materials for my design without asking me first. That's how this whole shit storm started

    Can I legally produce the product she made the prototype for that I already paid her the hourly rate for?
  • blackmonsters
    Making PHP work
    • Nov 2002
    • 20974

    #2
    Damn, she stole your "materials" through the internets and then bought some more "materials" without your consent.

    The internets is hell!
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    • dave90210
      Registered User
      • Mar 2007
      • 1745

      #3
      No I dropped off a bunch of materials at her office. She purchased other materials she wants me to reimburse her for without my consent

      Originally posted by blackmonsters
      Damn, she stole your "materials" through the internets and then bought some more "materials" without your consent.

      The internets is hell!

      Comment

      • k0nr4d
        Confirmed User
        • Aug 2006
        • 9231

        #4
        Originally posted by dave90210
        Can I legally produce the product she made the prototype for that I already paid her the hourly rate for?

        This all depends on the laws in your country and hers (if it's different). The police won't let you file anything because it's a civil matter... Have a lawyer send her a strongly worded email, and go ahead and produce your product - let her come after you to prove you didn't pay her for it, to prove you owe her royalties, etc...
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        • Google Expert
          Webmaster
          • Jun 2004
          • 14294

          #5
          Don't be a pussy. Go cut her face and tell her not to fuck with you again.

          Comment

          • freecartoonporn
            Confirmed User
            • Jan 2012
            • 7683

            #6
            what ^^^ said.

            err. i meant konrad
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            • Jigster715
              So Fucking Banned
              • Jul 2015
              • 1459

              #7
              Did you have her sign an NDA? If not, in the future make sure you get that done. Especially if you can drop off materials to her office she is easily sued. Sounds like she showed your idea to someone and they went, WOW!"

              Other than that, Konrad gave some great advice.

              Comment

              • dave90210
                Registered User
                • Mar 2007
                • 1745

                #8
                If a NDA is a non compete form then yes.
                Originally posted by Jigster715
                Did you have her sign an NDA? If not, in the future make sure you get that done. Especially if you can drop off materials to her office she is easily sued. Sounds like she showed your idea to someone and they went, WOW!"

                Other than that, Konrad gave some great advice.

                Comment

                • CurrentlySober
                  Too lazy to wipe my ass
                  • Aug 2002
                  • 38946

                  #9
                  Originally posted by dave90210
                  If a NDA is a non compete form then yes.
                  No its not. NDA and Non Compete are 2 different things.


                  👁️ 👍️ 💩

                  Comment

                  • bns666
                    Confirmed Fetishist
                    • Mar 2005
                    • 11555

                    #10
                    Originally posted by Muad'Dib
                    Don't be a pussy. Go cut her face and tell her not to fuck with you again.
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                    • nikki99
                      Supermodel
                      • Nov 2004
                      • 23087

                      #11
                      Originally posted by Muad'Dib
                      Don't be a pussy. Go cut her face and tell her not to fuck with you again.
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                      • sarettah
                        see you later, I'm gone
                        • Oct 2002
                        • 14307

                        #12
                        Do you have a contract with her? That would spell out who owns what. The no-compete and and NDA should be in addition to the contract. imho.

                        .
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                        • crockett
                          in a van by the river
                          • May 2003
                          • 76818

                          #13
                          You fucked up..
                          In November, you can vote for America's next president or its first dictator.

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                          • dave90210
                            Registered User
                            • Mar 2007
                            • 1745

                            #14
                            No just an agreement she wouldn't steel or use my idea
                            Originally posted by sarettah
                            Do you have a contract with her? That would spell out who owns what. The no-compete and and NDA should be in addition to the contract. imho.

                            .

                            Comment

                            • xXXtesy10
                              Fakecoin Investor
                              • Jul 2012
                              • 7127

                              #15
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                              • Bladewire
                                StraightBro
                                • Aug 2003
                                • 56228

                                #16
                                Theft of original ideas, methods, content & spirit is not funny.

                                Always know who you're dealing with, where they are, local methods to , nevermind


                                Skype: CallTomNow

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                                • Jigster715
                                  So Fucking Banned
                                  • Jul 2015
                                  • 1459

                                  #17
                                  Originally posted by dave90210
                                  If a NDA is a non compete form then yes.
                                  You always need to get a non-disclosure agreement. I do them formally and through e-mail. If the other party tries to run with your idea they are fukt.

                                  Comment

                                  • Axeman
                                    Confirmed User
                                    • Feb 2004
                                    • 5201

                                    #18
                                    Time to lawyer up. You must have receipts of the payments to her etc.
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                                    • Paul Markham
                                      Too old to care
                                      • Jun 2001
                                      • 52942

                                      #19
                                      "I hired some idiot".
                                      Stopped reading at tat point. There are loads of reputable designers online. So why choose to go with someone you don't know?

                                      As for the contract. She knows you can't afford to sue her.



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                                      • dave90210
                                        Registered User
                                        • Mar 2007
                                        • 1745

                                        #20
                                        I got my shit today and it smells like she sprayed pesticides on everything my car smells like the inside of a Raid can. Can she get in trouble for this? Let me guess no?

                                        Comment

                                        • PornWorx
                                          Confirmed User
                                          • Apr 2015
                                          • 235

                                          #21
                                          Stop asking stupid questions. Have multiple people smell it. Have them make notarized statements and go file a civil suit or stfu. The system is literally sitting there in front of you to use to punish her legally. Use it or get over it and move on.

                                          Comment

                                          • arock10
                                            Confirmed User
                                            • Jan 2006
                                            • 6217

                                            #22
                                            Did she user upload it
                                            Sup

                                            Comment

                                            • AdultKing
                                              Raise Your Weapon
                                              • Jun 2003
                                              • 15601

                                              #23
                                              Originally posted by arock10
                                              Did she user upload it

                                              Comment

                                              • Barry-xlovecam
                                                It's 42
                                                • Jun 2010
                                                • 18083

                                                #24
                                                It's a civil tort -- lawsuit time if its worth the expense to you.

                                                Work For Hire

                                                Depends on the contract that you made.

                                                Always get a transfer of ALL copyright to you with the invoice that you pay for the work done [ 'a work made for hire' ]

                                                Trying to enforce Promissory Estoppel and Detrimental Reliance in a lawsuit is a legal pissing contest if the contract and the copyright assignment are not in writing.

                                                Comment

                                                • Paul Markham
                                                  Too old to care
                                                  • Jun 2001
                                                  • 52942

                                                  #25
                                                  Originally posted by Barry-xlovecam
                                                  It's a civil tort -- lawsuit time if its worth the expense to you.

                                                  Work For Hire

                                                  Depends on the contract that you made.

                                                  Always get a transfer of ALL copyright to you with the invoice that you pay for the work done [ 'a work made for hire' ]

                                                  Trying to enforce Promissory Estoppel and Detrimental Reliance in a lawsuit is a legal pissing contest if the contract and the copyright assignment are not in writing.
                                                  If he can afford it and if the Defendant is worth suing. IMO, that's not an option.



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                                                  • TheLegacy
                                                    SEO RobertWarrenSEO.com
                                                    • Apr 2003
                                                    • 18087

                                                    #26
                                                    Sorry to hear about this mess - but just a few comments based on my experience

                                                    1) NDA's mean nothing on the net - most judges don't have a clue to make a ruling
                                                    2) Did you check any references for her?
                                                    3) Did you get her to fill out a detailed summary of cost and offering including timelines
                                                    4) Never pay but pay in blocks based on work that has been accomplished successfully
                                                    5) If someone has to buy etc anything to complete a design (not considered in first summary) - then technically it's their responsibility. If it is recommended software or a featured integration that's a must you buy it and get a programmer to do it.

                                                    Designers are good at design - they should be able to not only create rather than steal but be prepared to sign over designs to you and only use it on their website with your permission as a reference.

                                                    If any of those points failed then sadly you're out of luck.
                                                    There are a few more but those are the basics... take it from someone who's seen way to many designer rip off's over the years.
                                                    https://robertwarrenseo.com
                                                    RobertWarrenSEO.com
                                                    Telegram: @TheLegacy54

                                                    Comment

                                                    • Lykos
                                                      Too lazy to set a custom title
                                                      • Apr 2003
                                                      • 31032

                                                      #27
                                                      Sorry to hear about it and hope you can solve it somehow !

                                                      Comment

                                                      • pornlaw
                                                        Confirmed User
                                                        • Feb 2007
                                                        • 1902

                                                        #28
                                                        Originally posted by Barry-xlovecam
                                                        It's a civil tort -- lawsuit time if its worth the expense to you.

                                                        Work For Hire

                                                        Depends on the contract that you made.

                                                        Always get a transfer of ALL copyright to you with the invoice that you pay for the work done [ 'a work made for hire' ]

                                                        Trying to enforce Promissory Estoppel and Detrimental Reliance in a lawsuit is a legal pissing contest if the contract and the copyright assignment are not in writing.
                                                        +1 - and its not usually worth the expense.

                                                        What most people forget in civil lawsuits are damages. Most people are focused on "hey they breached a contract."

                                                        The real issue is - how have you been actually, monetarily damaged by the breach ?

                                                        How much money did you lose by the breach ? And can you prove it beyond a doubt. Damages requested in a lawsuit cannot be speculative. You cannot say "I would have made a $1 million dollars from this idea." Not good enough... You will need to show a an actual loss of revenue to be awarded damages by a court.

                                                        This is why lawyers write liquidated damages clauses into NDAs and confidentiality agreements. Both parties agree if the contract is breached there a set amount amount of damages to be awarded, usually along with attorney's fees and costs. I have written liquidated damage clauses that ranged from $10,000 for a breach NDA up to $100,000 for a breach of celebrity's confidentiality agreement.
                                                        Michael

                                                        www.AdultBizLaw.com

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