Designer Steals My Idea After Signing Non Compete
 

I hired some idiot to design something for me she told me her hourly rate for her services I agreed and she filled out a non compete form. She later decides she wants more money and turns crazy on me and steals all my materials and says shes going to use the materials to make my product i asked her to design and sell them on ebay. Even though she stole all my materials and product the police wont let me file a police report.

She claims her design I hired her to do is hers and not mine even though I already paid her for it. 2 weeks later after I hired she she demands royalties and other fees for using her work. She was being paid to design a prototype it wasn't a business partner relationship. She knew when I hired her the prototype was going to be used for production. She got mad at me because she didn't like my tone when I asked her why she bought more materials for my design without asking me first. That's how this whole shit storm started

Can I legally produce the product she made the prototype for that I already paid her the hourly rate for?

Damn, she stole your "materials" through the internets and then bought some more "materials" without your consent.

The internets is hell!

No I dropped off a bunch of materials at her office. She purchased other materials she wants me to reimburse her for without my consent

This all depends on the laws in your country and hers (if it's different). The police won't let you file anything because it's a civil matter... Have a lawyer send her a strongly worded email, and go ahead and produce your product - let her come after you to prove you didn't pay her for it, to prove you owe her royalties, etc...

Don't be a pussy. Go cut her face and tell her not to fuck with you again.

what ^^^ said.

err. i meant konrad

Did you have her sign an NDA? If not, in the future make sure you get that done. Especially if you can drop off materials to her office she is easily sued. Sounds like she showed your idea to someone and they went, WOW!"

Other than that, Konrad gave some great advice.

If a NDA is a non compete form then yes.

No its not. NDA and Non Compete are 2 different things.

:1orglaugh

south american style, do it

Do you have a contract with her? That would spell out who owns what. The no-compete and and NDA should be in addition to the contract. imho.

.

You fucked up..

No just an agreement she wouldn't steel or use my idea

:1orglaugh:1orglaugh:1orglaugh:1orglaugh:1orglaugh :1orglaugh:1orglaugh:1orglaugh:1orglaugh

Theft of original ideas, methods, content & spirit is not funny.

Always know who you're dealing with, where they are, local methods to , nevermind

You always need to get a non-disclosure agreement. I do them formally and through e-mail. If the other party tries to run with your idea they are fukt.

Time to lawyer up. You must have receipts of the payments to her etc.

"I hired some idiot".
Stopped reading at tat point. There are loads of reputable designers online. So why choose to go with someone you don't know?

As for the contract. She knows you can't afford to sue her.

I got my shit today and it smells like she sprayed pesticides on everything my car smells like the inside of a Raid can. Can she get in trouble for this? Let me guess no?

Stop asking stupid questions. Have multiple people smell it. Have them make notarized statements and go file a civil suit or stfu. The system is literally sitting there in front of you to use to punish her legally. Use it or get over it and move on.

Did she user upload it

:1orglaugh

It's a civil tort -- lawsuit time if its worth the expense to you.

Work For Hire

Depends on the contract that you made.

Always get a transfer of ALL copyright to you with the invoice that you pay for the work done [ 'a work made for hire' ] :2 cents:

Trying to enforce Promissory Estoppel and Detrimental Reliance in a lawsuit is a legal pissing contest if the contract and the copyright assignment are not in writing.

If he can afford it and if the Defendant is worth suing. IMO, that's not an option.

Sorry to hear about this mess - but just a few comments based on my experience

1) NDA's mean nothing on the net - most judges don't have a clue to make a ruling
2) Did you check any references for her?
3) Did you get her to fill out a detailed summary of cost and offering including timelines
4) Never pay but pay in blocks based on work that has been accomplished successfully
5) If someone has to buy etc anything to complete a design (not considered in first summary) - then technically it's their responsibility. If it is recommended software or a featured integration that's a must you buy it and get a programmer to do it.

Designers are good at design - they should be able to not only create rather than steal but be prepared to sign over designs to you and only use it on their website with your permission as a reference.

If any of those points failed then sadly you're out of luck.
There are a few more but those are the basics... take it from someone who's seen way to many designer rip off's over the years.

Sorry to hear about it and hope you can solve it somehow !

+1 - and its not usually worth the expense.

What most people forget in civil lawsuits are damages. Most people are focused on "hey they breached a contract."

The real issue is - how have you been actually, monetarily damaged by the breach ?

How much money did you lose by the breach ? And can you prove it beyond a doubt. Damages requested in a lawsuit cannot be speculative. You cannot say "I would have made a $1 million dollars from this idea." Not good enough... You will need to show a an actual loss of revenue to be awarded damages by a court.

This is why lawyers write liquidated damages clauses into NDAs and confidentiality agreements. Both parties agree if the contract is breached there a set amount amount of damages to be awarded, usually along with attorney's fees and costs. I have written liquidated damage clauses that ranged from $10,000 for a breach NDA up to $100,000 for a breach of celebrity's confidentiality agreement.