An Idea Doesn’t Have to be Novel to be Stolen (In California)
The IP Law Blog
MARCH 31, 2022
In looking at the 9th Circuit’s summation of the elements of an idea theft claim in Grosso v Miramax , the novelty element is nowhere to be found. The Grosso court went on to say that “[t]he Desny rule is justified on the theory that the bargain is not for the idea itself, but for the services of conveying that idea.“.
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