Intellectual Property Law

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Hello....I have question that deals with a ideological idea that I gave to an employer? Its on sale on the market? I was woundering if there was a way to secure a way for my family and myself intitlements? They took it for ther own..They never gave me credit? What can I do?

Submitted: 249 days and 16 hours ago.

Category: Intellectual Property Law

Value: $45

Status: CLOSED

Waynesboro, Virginia

Already Tried:
I have asked many times about it and they denied me any information? I made it clear that it was not a gift? I knew it would produce a great turn out? Its like they just walk away and hope I would forget about it? I was extremly upset when I decovered it in their latest sales add..just this past weekend...I dont want to lose my job? and I dont want them to steal it from me either?

Posted by FLAandNYLawyer 249 days and 16 hours ago.

Answer

Hello,

Absent a written agreement to the contrary, intellectual property created by an employee in the scope of his employment is the property of the employer. Therefore, unless you have a written agreement with your employer giving you the rights to your idea, the idea appears to be the property of your employer.

249 days and 14 hours ago.

Reply

They never gave me a chance? They took it straight to the top and made it happen? There were no talks of contract? Or did they ask me for permission to have my idea for it to be made maketable? They primarily stole it and I want to make a litigation for it? Or they can buy it and use it for there purpose? I want to have some sort of compensation for it? For my Family; Who have no input in the idea? What are avenues that I may make for it?

Posted by FLAandNYLawyer 249 days and 14 hours ago.

Answer

Hello,

I just picked up this post you entered on another thread:

Im in a total different department that deals with shipping already made products in our stores...I work for target in there shipping wing and the idea has to do with marketing a card like a savings card for consumers to use...Its for sale and their making I know a killing on the money that a consumer saves on a month or year savings credited to it?

Optional Information:
Waynesboro, Virginia

Already Tried:
I have tried to get answers to as far as it has went and said many times it was not a gift? They blow me off and its for sale on the market? I do totaly diffrent job compared to where the idea needs to be placed? Im in shipping and the idea was placed in maketing? For consumers to use as a saving?

Posted by FLAandNYLawyer 249 days and 13 hours ago.

Info Request

Hello,

I am working on your answer.

Posted by FLAandNYLawyer 249 days and 13 hours ago.

Answer

Hello,

A copyright immediately becomes the property of the author who created the work. In the case of works made for hire, the employer is considered to be the author.

Section 101 of the copyright law defines a “work made for hire” as:
1. a work prepared by an employee within the scope of his or
her employment; or
2. a work specially ordered or commissioned for use if the parties expressly agree in a written instrument signed by them that the work shall be considered a work made for hire.

Your marketing idea does not appear to be within the scope of your employment in shipping. You will want to retain a lawyer knowledgeable in the area of intellectual property to file suit for copyright infringement of your idea.

249 days and 13 hours ago.

Reply

I refuse to let them get away with it? I plan on launching a huge litigation on this matter? I will sell everything I own to mke sure that other brilliant people who give their trust and total work ethics to their job? And give an idea and they make money off it and dont have to include the employee? Thats stealing no matter how you look at it?

Accepted Answer

Hello,

I agree with you. I encourage you to retain counsel to pursue your action. You may be able to find an attorney who is willing to work for a reduced fee with a bonus if successful.

Here is a site that may assist you in locating counsel: www.martindale.com

Good luck.

Accepts:
Expert:	FLAandNYLawyer
Pos. Feedback:	100.0 %
Answered:	3/18/2009

Lawyer

20+ years private practice

249 days and 13 hours ago.

Reply

U told me something I already knew? But thank you and I am sure this will be a sucess because I have all the truthfull evidence I need.....Watch and see..

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Intellectual Property Law

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Question

Hello....I have question that deals with a ideological idea that I gave to an employer? Its on sale on the market? I was woundering if there was a way to secure a way for my family and myself intitlements? They took it for ther own..They never gave me credit? What can I do?

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Answer

Info Request

Hello,I am working on your answer.

Answer

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Accepted Answer

Hello,I agree with you. I encourage you to retain counsel to pursue your action. You may be able to find an attorney who is willing to work for a reduced fee with a bonus if successful. Here is a site that may assist you in locating counsel: www.martindale.comGood luck.

Reply

U told me something I already knew? But thank you and I am sure this will be a sucess because I have all the truthfull evidence I need.....Watch and see..

Related Intellectual Property Law Questions

Hello,

I am working on your answer.

Hello,

I agree with you. I encourage you to retain counsel to pursue your action. You may be able to find an attorney who is willing to work for a reduced fee with a bonus if successful.

Here is a site that may assist you in locating counsel: www.martindale.com

Good luck.