QLD Start Up Business - Designs under Intellectual Property Law?

[vernerca]

Hi,
My friend and I have been trying to start a T-Shirt business. The business is registered in my friend's name and we have both designed some designs to get printed onto T-Shirts. We have an Instagram page in the business name and were going to advertise there. Now my friend wants to run the business on his own and has asked me to leave.

We never signed any intellectual property law or partnership agreements regarding all the Intellectual Property and business idea, which was almost 100% my idea.

Is there anything I can do to retain the business idea and designs, or can he just tell me that he wants to do it all on his own? I feel like I'm being ripped off.
Thanks

 

[Tim W]

Bear in mind that the owner of the business and
the holder of copyright in the designs
might be different people.

For example, if one partner (this may well be a partnership) does all the "business",
but the other one does all the "art" - who owns the designs?
Maybe the person being asked to leave owns all the art?

 

[DennisD]

I agree with Tim W.


As for the shirt designs and artwork, if you've created these and he does not have any agreement to use them, then whether or not he owns the business it's not at all clear on what basis he would have rights to use the designs.


As to the general business idea of printed designs on t-shirts and perhaps identifying some market gap, this is unlikely

to give rise to IP rights in the same way.


Let us know how it goes.