I met with them and discussed many things like making a dynamic web 2.0 site instead of a bunch of static pages. They continued to want to pay "by the page" etc ....
Anyway, I suggested that they register (as part of the deal) a certain domain name. This domain name encompassed their entire industry, not just the local market in which they are involved.
It was my intention, that if they did not use my services, I would register and develop the name for Nationwide exposure, allowing MANY such companies to be involved as a "subscription" service.
So, ethically, I did not register the name beforehand, and awaited the response back on my proposal.
They later got someone else to do the site using MY domain name idea.
What Intellectual Property is involved when an idea is presented, and then utilized with another company?
What recourse do I have?
Has anyone else had a similar situation?
It looks like they took your advice, so what's your problem?
Basically once you speak a domain, if it is any good, it is sure to be registered almost as soon as the words are out of your mouth.
I don't think you have any recourse at all. Intellectual propety is difficult to define accurately - hence the profit for lawyers argueing about it in individual situations, but is generally taken to describe a "creation of the mind". You didn't get as far as the creation - only the idea for it.
If I take a photograph, it is my property as are all rights associated with it. But if I frame it up, plan it, imagine it, think about how great it would be but fail to push the button I cannot claim the right of redress if someone later stands in the same spot and takes the shot.
I thought about registering it when I was doing my research, before I spoke to them, but thought that would be unethical. I should have done it anyway.
The way "I" work is, when I'm being paid to do something, any great idea is part of the deal, even if I could expand on it further myself. My brain belongs to the client.
When they chose to not use my services, they should not have used any ideas that I brought to the table that they had no beforehand knowledge of.
I'm sure there's something in business law, not nessesarily concerning domain names, but concerning ideas in a proposal (not a paid consult)
I'm having problems finding anything.
Thanks again for everyones input ... keep it coming
:)
I thought about registering it when I was doing my research, before I spoke to them, but thought that would be unethical.
I see nothing wrong with buying the domain, especially as they were not a paying client or on a retainer.
The story you tell is a very common one in the consulting game, its a part of the cost of getting new clients
What Intellectual Property is involved when an idea is presented, and then utilized with another company?
What recourse do I have?Has anyone else had a similar situation?
A common story. For furture reference, get them to sign a non-disclosure agreement; never offer any thing (like a domain name) unless you have already registered it.
This happens to inventors all the time. They show the product to a company, who decline it, but build and market their own!
Matt
I did once have client who I wanted to work with and bought the domain name before approaching them
They loved the design concept and we were in discussions .. then one of them searched the domain and found I held it.. they promptly used that to discontinue doing business..
Damn it seems you can't win..
Damn it seems you can't win
Won't life be boring if you always win? ;)
Who knows? It might've been a blessing in disguise.
David
then one of them searched the domain and found I held it.. they promptly used that to discontinue doing business..
Why didn't you see that coming?
It's one of those situations where you have given them no choice.
(Another classic, where the offender always seems equally surprised... "if you're going to be friends with x, you can't be friends with me.". What choice does the receiver of that ultimatum have?)
The ONLY way to do this and make it a positive: at the very start of the meeting, tell them that you have taken the liberty of registering a domain name that you think would be perfect for their project. Tell them that because good domain names can be quickly snapped-up, you felt it was important to register it immediately. Then, tell them that you are going to transfer the domain name to them, no strings attached, at no cost, regardless of whether they use your services. Then give them printed instructions showing exactly how to effect the transfer.
Still, I think it would be taken as presumptious, and regardless of your protestations of "no strings attached", there is an implied obligation.
I think this was a really bad move.
Why didn't you see that coming?
It's one of those situations where you have given them no choice.
Therfore I did not in fact buy it with any pre-conception of the company I was eventually going to be working with it just worked out that way.. or in fact didn't..
I did try to assure them it was purely administrative and the domain would naturally be handed over to them..
I think it depends on the person or people, that industry can be a little back stabbing so their reaction is inherent in their particular make up . they lack trust..
It was a good exercise for me, as now when I deal with clients I spend sometime focusing on the trust issue.. normal by simply stating that from the beginning I demand it lol ..
[edited by: Lobo at 11:39 pm (utc) on Feb. 1, 2007]
I think it depends on the person or people
See, there's your blessing. ;)
Know who you're dealing with, and manage expectations whenever you can.
David
The way "I" work is, when I'm being paid to do something, any great idea is part of the deal, even if I could expand on it further myself. My brain belongs to the client.
Bad idea. You brain worth a lot more. If, as you described you have the capability to develop a website from scratch, then why even take clients!?
The real point is that you're a player that may play any side at anytime, so, that's where the problem begin.
I often have the opposite situation. People approach me wanting advise to run a website idea and want me to develop it. I warn them upfront and tell them to don't tell me nothing or I'll take their idea, do it my self, and crush them. :)
It is really, really hard if you are a website developer(not a programmer, but in the sense of creating and raise a site) and at the same time you have clients for which you also work to help them build their ideas. A TOTAL waste of time.
After I worked for hire like 5 years ago and made a job or two, I have never developed NOTHING more that is not mine.
They show the product to a company, who decline it, but build and market their own!
There are similar law suits in the news from time to time over movie and TV show ideas, too.
I thought about registering it when I was doing my research
It was my intention, that if they did not use my services, I would register and develop the name for Nationwide exposure, allowing MANY such companies to be involved as a "subscription" service.
* If you are thinking a generic domain that would map well to their project but could be used for many different projects then grab it and present it as 'a domain in my portfolio would be perfect for this project. I'll turn the rights over to you as part of the project, of course'
* If you have spotted a domain name that could conceivably be their IP - eg. it included their company name - don't touch it in advance with a 10 foot pole! You could be seen as domain squatting, and the better clients won't like it if they spot it.
Rare exceptions include you've worked with them before and they know you are just grabbing what would work for them while you can :)
