If Misappropriation is the legal suit then which company do I sue, the third party who sells the product or the company who broke the Confidential Security Agreement?
Whether or not the third party's use of your idea constitutes misappropriation of trade secrets requires a more detailed analysis of the facts, which is beyond the scope of this public forum. Generally speaking, if there is misappropriation of trade secrets, the plaintiff would be suing all of the individuals and entities under several different legal theories.
Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended nor should be construed as legal advice for any particular case or client. This Avvo.com posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney. This posting is not intended to constitute an advertisement nor a solicitation. Due to the high volume of phone calls and e-mails, not all phone calls or e-mails can be returned.
Who to sue and for what would depend on the facts of your case. What does the agreement say? Who disclosed the idea? How did the third party get the information? Is there any relationship between the third party and the contracting party? As well as other questions.
Go see a local attorney.
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