Q: What legal action can I take against a university that has stolen my camp idea and now created a near identical camp?
Nearly 13 years ago I created my first debate camp for homeschool kids at a private university in California, but recently forced to move locations two years ago because I was told campus space was no longer available (My brand is separate we simply rented space there). So you can imagine my surprise when I saw the news that the University was now doing virtually identical Camp to mine! By identical I mean same type of camp, the same community, same age group, and to the same customer base. While they did change the name, they gave me no credit, did not ask my permission, and it looks like they may have copied and pasted much of their description from my website. They are even having their camp nearly at same time (now the week before mine) so my attendance is going to take a big hit.
I feel taken advantage of because at a minimum they’re benefiting big-time off my reputation which took me years to garner with the surrounding community. And many may mistake their camp for mine.
A: Depending on what your underlying agreement with them said and how much advantage they actually took, like staff members, mailing lists, etc., you may have some leverage to go after them. Seems like this summer that's not gonna happen anyhow, so, in a way, this break is a blessing for you in going after them. Good luck with it.
Marcos Garciaacosta agrees with this answer
A: As disappointing as it might be, the fact that they are offering a similar debate club program to the one you developed, is not enough to have a claim against the school. Unless you had a written agreement in place with them that would have required them not to compete or use your proprietary materials, then you do not have much to go on. However, if, for example, they are actually using your copyright protected teaching materials, using a service mark that is similar to yours or advertising in a way to suggest that they are associated with you, then you may have a better case to make. You say they are benefiting from your reputation. How are they doing that? Consult with a local business/intellectual property counsel to examine all of the facts to see whether you have any strong claims.
Marcos Garciaacosta agrees with this answer
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