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Intellectual property
Anonymous6 views5 answers
I was working for a roofing company and then started my own company. I took a copy of the contract the other company uses to contract their customers and made a contract for my own company with my company's name and info on it however I modified some of it so its not the same exact contract.
The company is now threatening me with theft of intellectual property. I did not feel it was theft because I thought a contract just like an invoice can be found at Office Depot or anywhere online just modify it to have my company's info and that's it. It's not that they have a patent on it or anything. Can you enlighten me on this subject whether or not I did commit theft of intellectual property?
An attorney would need to look at both contracts. More than likely it is not a trade secret that can be protected as it is in every day use with customers and the company does nothing to protect. However, it would probably be very easy to modify to address their concerns. An attorney can draft a contract that will work. Sounds like the company is sore at you for leaving and competing against them.
Mr. Hayes gives a very good analysis. One would have to compare the two contracts to evaluate the similarities. You can ask what they want changed, but frankly every contract for an identical product/service in an industry are 90% similar (but not identical).
Actually, it is like they have a COPYRIGHT on or something.
They have a copyright pursuant to 17 USC 102. Patents are irrelevant since patents apply to inventions not documents.
You just admitted you infringed on one of the enumerated rights under 17 USC 106 that belong to a copyright owner, namely the exclusive right to make derivative works (i.e. works based on an original work.) You admit it here on a public forum for all to see, including your former employer. Not very smart of you. Yes, you likely committed theft of their intellectual property. Whether they can actually recover anything from you is another matter, and I doubt they can if you have an IP attorney representing you.
What you "did not feel" is irrelevant, since you felt wrong.
You did not get your contract from Office Depot so what you might get from Office Depot is irrelevant. And, what you get from Office Depot is also likely protected by copyright, in fact probably by a registered copyright. It would likely be even worse taking a document protected by a registered copyright and modifying it and using that modified document commercially. That you don't understand this is also proof you need to consult with an IP attorney that does know this area of the law and can "unlearn" your faulty learning and teach you instead the proper rules of law.
See an IP attorney and this can be quickly resolved. It's really a pretty simple problem with a simple solution.
Attorney work product, such as contracts, can be protected by intellectual property law. Companies pay their attorneys substantial sums to develop forms of contract (and other such legal documents) that they can use in their day to day businesses. Attorneys often create contracts that contain very original and creative elements that are suitable for the needs of specific clients. Such original elements will result in copyright protection for the contract. Thus, there is a substantial possibility that your actions infringed the intellectual property rights of your former company.
My colleagues have given good answers to you IP question.
However, as a Houston, Texas construction attorney I have reviewed a number of construction contracts. What I usually find is that most construction contracts do not comply with Texas law and do not adequately protect the contractor's rights. Indeed, most violate the Texas Deceptive Trade Practices Act.
I strongly recommend that you contact a construction attorney to review/amend your contract to ensure that it complies with Texas law and protects your rights.
