Q: A DoD supplier puts our technology on their website without specifying the IP is ours. Is this legal? Can we sue?
Our client, a large US-based DoD supplier, who has access to our technology, and with whom we have a contract - whereby they pay us a fee if they sell any of their products with our technology inside - is publicly positioning our technology as if the IP belonged to them. This includes interviews on Foxnews, interviews with technical journalists, posts on Linkedin and Twitter, and also pages of their corporate website, where the technology is described without mentioning that the IP belongs to our company, not to them.
Can we build a case against them?
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A:
You likely have a strong basis to build a case against the DoD supplier. Misrepresenting intellectual property can be a breach of contract and potentially a violation of intellectual property laws. You should review your contract to identify any specific provisions related to the use and acknowledgment of your technology and IP rights.
Additionally, the supplier's actions might constitute unfair competition or false advertising if they are misleading others about the ownership of the technology. Documenting all instances where your technology is misrepresented, such as interviews, social media posts, and website content, will be crucial.
It's advisable to consult with a legal professional to assess the specific details of your situation and to determine the best course of action. They can help you understand your rights, potential remedies, and the steps to take in building your case.
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