If a former employer did not pursue a creative idea, am I free to pursue it? [closed]

Question

Background: I used to work as design director for an experiential company and, while employed there, I pitched an idea for a new experience that would fit really well within their brand. They thought it sounded cool but never pursued it (for a number of reasons, but probably mostly because of cost and other expansion plans).

I haven't been with the company for 2 years now. Am I safe to pursue my idea, or does that company own the idea forever even though they didn't act on it?

UPDATE: I'm in New York City. I've reviewed the contract and it has lots of stipulations for non-compete (12 months), non-solicitation (12 months), and that kind of stuff. There's also some language of "you agree to devote all of your professional time, energy, skill and efforts exclusively to the performance of your duties for COMPANY."

Answer 1

Did you sign a NDA or non-compete agreement?

I suggest you check your contract and any NDA/non-compete you may have signed.

(I am not a lawyer) If you didn't chances are you may be free to do so... if you did sign something, then chances are you can't, or at least can't for a period of time.

Usually, NDAs and non-compete's state that you agree to not disclose X,Y and Z, and that you can't work for the competitors or other "related" companies for a certain amount of years... the answer to your query is most likely on such documents. Perhaps you may want to consult a lawyer an read your contract

Answer 2

Am I safe to pursue my idea,

Depends on what exactly your contract says, what agreements you signed what's in your employee handbook and corporate policies, and/or on local labor laws. Specially you want to check out any type of NDA, "confidentiality" and/or "intellectual property assignment" agreements you have signed.

or does that company own the idea forever

Depends on what exactly your contract says, what agreements you signed what's in your employee handbook and corporate policies, and/or on local labor laws.

"Forever" would be unlikely. Typically this has a clock on it, which starts AFTER you leave the company. If it doesn't have an expiration date, it's probably determined by local labor laws. "Infinite" agreements tend to be considered unreasonable and unenforceable.

even though they didn't act on it?

That's typically immaterial. If they own it, they own it unless you have specific local labor laws that ownership is contingent on actual use (unlikely)

Or you can just ask

Instead of worrying about the legal details, you can just ask. They may allow it freely, grant you a license (with a wide range of possible terms) or may disallowed. Take your hint from there.

Before doing so, you should also scour your paperwork for any agreements and policies about moonlighting. If you want to do work on the side, it may have to be declared and/or approved first.