Clearwater, FL asked in Intellectual Property for Florida

Q: I'm a designer who works for a firm and does freelance on the side.

I sent a concept design to a potential client who ended up using it without my permission. I used my firm's email address as I was at work during a lunch break when I sent it. I sent a cease and desist letter to the potential client who stole my concept design. Their lawyer responded by saying that I had no rights to the design as I did it under the auspices of my firm and so my firm owns it. My firm won't back me up in a potential lawsuit as they have a connection to the client and don't want to sour that. Do I have any chance at wining a lawsuit?

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1 Lawyer Answer
Erik Špila
Erik Špila

A: Dear Mrs or Mr,

this case you have presented could be a serious issue which shall be handled by a qualified professional in IP matters in your area. You should seek IP professional in your country and present him or her with more details of the case as this can not be duly and comprehensively answered here as there are many variables that needs to be approached.

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