Q: Is my product protected by "first to market" intellectual property laws?
I recently contacted a large manufacturer/online retailer about a product that I wanted to wholesale to them so they can sell on their website (I've kept the email responses from them). After revealing my products to them, they responded back through an email, telling me that they "have actually been developing our own version" of the product I sent to them. My product is a wood locker organizer--their version will be made out of thin metal. They did not have locker organizers on their website before my initial contact with them. But now conveniently, after my email, it seems they are taking my product which is made of wood and making a metal version of it, and will now offer locker organizers in the future. Can they take my product design and just change the make of it to a metal version, and call it their own? I'm dealing with a big company that seems to be taking advantage of the small time entrepreneur. Thank you.
A:
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The answer to your question depends on what steps you have taken to protect your intellectual property, including whether the IP has been registered and whether you asked this company to sign confidentiality and nondisclosure forms before you shared your information with them. Be sure to consult your own attorney to protect your legal rights.
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