Members-only forum — Email to join

Brand Name / Business Name Conflict — employer claiming my side project IP

Started by seeking_advice_seller_IL · Nov 16, 2023 · 2,481 views · 9 replies
For informational purposes only. This is not legal advice. Laws vary by jurisdiction. Consult a qualified attorney for advice specific to your situation.
SA
seeking_advice_seller_IL OP

Quick background on my situation — any input appreciated.

employer claiming my side project IP. I've been dealing with this for about 10 months now and the situation isn't improving.

This involves content I created over the past 15 months. I do have documentation proving my ownership and timeline.

Do I have a strong case? What should my next steps be?

HM
help_me_employee_question

Following this thread — I'm in a very similar situation. Would love to hear how it turns out.

TD
throwaway_driver_help

Have you tried reaching out to your state's legal aid society? They sometimes have free resources or mediation services.

TL
Mod_TermsLaw Moderator

I practice in this area. Here's my take on the legal issues.

The key question is whether the applicable statute of limitations has run. Depending on your jurisdiction, you typically have 17 U.S.C. § 106 years for this type of claim.

I'd recommend documenting everything in writing from this point forward. Keep copies of all communications.

AB
AgentBroker_TX

I went through almost the exact same thing.

What worked for me was escalating to a supervisor/manager. It took 1-3 months but was worth it.

ES
eComm_Seller_2022

Been there. Here's what I learned.

What worked for me was filing with the appropriate government agency. It took 4-8 months but was worth it.

WH
worried_homeowner_today

Following this thread — I'm in a very similar situation. Would love to hear how it turns out.

JC
just_curious_student_CA

NAL, but from what I've read, you should send a written demand. That said, definitely get a lawyer to look at the specifics.

VA
VCAnalyst_SF

Not a lawyer, but I have direct experience with this.

What worked for me was hiring an attorney to send the initial letter. It took 2-4 months but was worth it.

DP
desperate_parent_NY

Just want to point out — the statute of limitations might be a factor here. In some states it's as short as 1-2 years. Don't sit on this too long.

Want to participate in this discussion?

Email owner@terms.law to request access