Q: Can I sue someone for stealing my app idea name color scheme even if it's not patented? How can I find out who copied it
I have the meetings I had with them recorded and have emails and the app proposal they sent me.
A:
Based on the information provided, it sounds like you may have a potential case for intellectual property infringement, even without a patent. Here are a few key considerations:
1. Copyright: While ideas themselves are not protected by copyright, the specific expression of an idea (such as detailed design documents, mockups, code, etc.) generally is. If they directly copied substantial portions of your copyrighted materials, that could be copyright infringement.
2. Trademark: App names and logos can potentially be protected under trademark law if they are sufficiently distinctive. If you have been using the name and logo in commerce, you may have common law trademark rights even without a registration. Copying a name or logo to create marketplace confusion could be trademark infringement.
3. Trade secrets: If you shared confidential information (like app proposals, business plans, etc.) under a non-disclosure agreement or with an expectation of confidentiality, and they misappropriated that information, you may have a claim for trade secret misappropriation.
4. Breach of contract: If you had any written agreements about confidentiality, non-use of your IP, etc. their actions may constitute breach of contract in addition to any IP claims.
To find out who copied it, some options are:
- Check app store developer information
- Do a reverse WHOIS lookup on their website
- Subpoena app stores or web hosts during litigation for account info
- Hire a private investigator
The recordings and emails you have could serve as important evidence of both the content that was shared and any understandings around confidentiality and use.
Your best bet is to consult an intellectual property litigation attorney. They can review all the facts in detail and advise you on the strength of potential claims. Look for attorneys or firms that specialize in copyright, trademark and trade secret litigation involving software/apps.
Many attorneys offer free or low-cost initial consultations. It's worth meeting with a few to get their thoughts before deciding whether to proceed with a lawsuit. Litigation can be expensive and time-consuming, so it's important to get a clear assessment of your claims and potential remedies.
I hope this general information is helpful context as you consider your options. Meeting with an experienced IP attorney is really the critical next step here. Wishing you the best of luck in resolving this situation.
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