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My First Professional Experience


NewYawkSeahawk

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So the company I work for develops web hosted applications that help to run companies businesses and websites and as one of the services we offer to redesign companies ecommerce websites to be more streamlined more user friendly and more SEO friendly.

Short story.....

We signed a new client in December 2004 and from February 2, 2005 til about May 9, 2005 I headed up their creative design process working with their Project Managers and MArketing Heads... going back and forth with design concept storyboards. This process went back and forth about 4 times all the while I was the sole designer of all works... In fact the company was real clueless about web design and functionality.

Fast forward to May 2005, the company decided to cancel their contract with us per a clause in their contract and never paid one cent to my company. Don't ask me why my company doesnt collect monies until implementations are complete... this is just the business model our CEO has decided upon.

So Monday night i was bored and happen to check out their website and noticed that the company is now using the EXACT design from the concepts I sent to them.

I couldn't believe it....

Anyone who works in creative or Intellectual Property law is familiar with ownership of creative works for hire. Their contract clearly states that any and all works or technology created for them was soley for the duration of their contract (which was cancelled) therefore our company retains the original rights to the creative works...

Anyway... I honestly could not believe it... I've seen some of my work ripped off before, typically for Seahawks or football fan sites but never buy a company that sells products...

Because my company is in the process of suing this company, I can not provide a link to their site or show initial storyboard concepts... but it is without a doubt 98% exact to my original design concept.

Just curious if anyone else on here has ever experienced any IP theft, especially in RE: to commercial use?

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My (former) web firm did about 3 weeks of conceptual work for a big company and they drooled all over it.

We took tons of time to organize their tree of parts and products for ease of use and dynamic access to specs etc......

They accepted our proposal and when we handed them the quote they freaked. We estimated 4 full-time staffers would work on this site for 3 months straight. We pitched 20K for the whole thing.

THey practically laughed us out of the room. Their owner was SO red faced and pissed it was like a bad dream. He thought it would be more like $1500. I think, in retrospect, they felt ambushed. Our mistake for not being clear up front about the rough estimates. But seriously, we closed a deal the next week.....with a much smaller firm, for almost that much and they didn't flinch....still use the site, and think we did a great job.

On top of that, they refused to pay the consulting and preparation fees they'd previously agreed to in writing. We were just starting out and couldn't afford a consultation with an attorney, much less a suit.

The last straw was that they launched a new site six months later that looked shockingly the same. Same menu/nav structure, same colors, same logo treatment, same spec interface.....all of it.

I am SO glad we folded up shop a year later. Work would rule without the clients sometimes.

Sorry to hear about this man. Hopefully you got em by the short hairs legally.

The Official Cheese-Filled Snack of NASCAR

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thanks for sharing....

Yeah, luckily the company I work for is a fairly large company that has it's own in house legal counsel as opposed to if i worked for a smaller firm.

And the CEO of our parent company is a multi gazillionaire so on principle alone they would sue them regardless of the cost... especially when they had signed a multi page legal document stipulating all aspects of their agreement...

Will keep you posted.

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I have had a few things similar to this. I always send a copy now to a third party, no matter what i do just so I have proof. I have been working with the Edmonotn Rush on and off for weeks now..and I smell a RAT. :cursing:

Sorry about you luck...hopefully you catch them. :mad:

 

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