Motion for injunction

https://news.ycombinator.com/item?id=10356876

by boniface316 • 11 years ago

5 7 11 years ago

news.ycombinator.com

I got myself got caught up in a messy situation. My previous startup dont want me to build this product so they requested motion for injuction.

Anyone else had this experience?

I have two choices, either drop the product or fight the case. I only have $3000 left in my bank and the lawyer would cost me around $15,000.

Any suggestion?

MalcolmDiggs• 11 years ago

Just curious: On what grounds are they filing the motion? What agreement/understanding are they claiming that you're violating by building your product?

boniface3163• 11 years ago

I created a competing product. The truth is that I presented my idea and they rejected it and fired me. Now they want a piece of me because they think that they own it.

I dont have any agreement with the company. So I am allowed to make it. Plus I didnt take anything away from them. So I am good!

mchannon• 11 years ago

Assuming you're not building "this product" under the cover of a corporation (in which you really do need a lawyer), you could always proceed pro se, which involves representing yourself.

Give caving to their demands a serious thought for a minute- have a disinterested party (or two) look over any agreements you've signed and the motion for injunction. If they don't completely take your side, odds are you're going to lose at trial because you can't convince a jury. At that point you'd be right where you would be if you caved, only two years older with nothing to show for it and a great deal poorer.

This needs to be a cold, calculated financial decision on your part. Even if you're right and exonerated, does pursuing your product (versus some other product) pay enough to justify the additional costs?

To argue the matter on the principles is a privilege of the wealthy.

boniface3163• 11 years ago

I have an incorporation right now. But they are suing me personally. I have not signed any documents with the other company.

I looked at the motion, it seems like they dont want me to apply for Ycomb!

brudgers2• 11 years ago

That sucks.

[I am not a lawyer]

The company hasn't been granted an injunction. Anyone can take anyone to court.

You're in position to know if your former company can make a plausible [not a correct] case before a judge, since the most relevant forms of evidence would be documents of which you are aware and knowledge about what work you are doing now and what work you did for the former company. You're also in a position to know if your former company has the resources and the will to fully pursue a lawsuit.

In addition, you're in position to judge how likely your chances for success are in regard to your current company and to judge the chances of success of alternatives to developing that particular product.

Finally, you're in position to judge whether this action is motivated by personal bad will or by legitimate business concerns and whether the lawsuit is a distraction from your former company's core mission or a fundamental part of its execution strategy.

To put it another way, your in position to know who is in the right here.

Good luck.

boniface3163• 11 years ago

Thanks for the feedback. I looked at the motion it has lot of holes. First I am going to prove thier inconsistency. Then going to say that they are not active and dont want me to act on my oppurtunity. They are a startup too, their money will run out fast!

brudgers2• 11 years ago

[I am not a lawyer]

A motion does not need to be consistent or holeless to be successful.

Anyway, it is worth considering that time spent on legal matters is a distraction for a startup founder. Winning in court is not a substitute for building a product users love and growing revenue.

Winning in court is not success and is attractive because it is easier than executing a business. Pivoting into something else may be more productive than fighting as a business decision.

Motion for injunction

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