After I had given Billie-Mae my questions, she responded by saying this, “…first I must tell you that I am a personal injury attorney and your questions seem to be directed specifically at design related matters therefore I cannot answer any of your questions with the specificity that you are looking for. That being said, not practicing in that area of law this is the best I can do.”
If a company give you a design and didn’t know it was inspired by another company and you didn’t know anything about it, can you still be sued?
“Yes, just about anyone can be sued for anything. The real question is who would prevail and how should you protect yourself against that happening.”
What is the best response to a non compete disclosure contract? (what’s the best way to handle it)
“You will have to seek the advice of an attorney who specializes in that are.”
Is it possible to modify an existing design and use it as my own?
“This is not a legal question.”
What rights do I retain when using company software?
“You will have to read the software agreement that accompanies it.”
If you do a design, etc. for a client and are not paid for it, does the actual design belong to you or the client?
“It depends on the contract between you and the client and how it is written.”
How much do people charge to read a contract, or advice/interpreter?
“You will have to consult contract attorneys.”
Can you be inspired by a competitors work and use it against them, at the same time changing it into a different design?
“Of course you could, but are there legal ramifications, I do not know. You will have to contact a patent attorney.”
If I lose inspiration and go online and use someone else’s design, more than I intended to. Will I be safe from a lawsuit if I changed it enough so it isn’t exactly the same? What recourse do I have if the roles are reversed, if my work is the work being stolen?
“This is too specific. You need a patent attorney.”
If I create a design for a company, can I still distribute the same design to other companies?
“You need a patent attorney.”
Am I entitled to full rights of a design if I were to create it within a group?
“You need a patent attorney.”
When I first got the answers, I didn’t really think I would be able to use them because she only partially answered my questions. So I began searching and calling other lawyers, except this time specifically patent attorneys. Because I had been reliant on the lawyers I called and emailed, I stopped searching and only received Billie-Mae’s answers which barely helped me. After a few more days, a man named John Rizvi,a patent lawyer who is linked to a patent site, emailed me back with a Patent Guide which was actually pretty helpful.
"Patent attorneys prepare and prosecute patent applications, represent clients in interference proceedings..." (Patent, Copyright and Trademark. Richard Stim. Page 100)
