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Advice pls. my friend "copied" my idea

 
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mia310

posts: 7

Mar 24, 2009 8:30 AM ET    Quote  Report Abuse
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Hi,
 
A little bit about myself.  I`m 22 years old and  graduated college this past June.  With the economy being the way it is, I haven`t had much luck finding work.  I thought (and still think) that the best way to find employment is by creating it myself.    So I have this idea of starting  a food cart business selling Japanese-inspired  pancakes.
 
 Anyway, so I`ve been telling my friend about my plans, etc.  She`s been very encouraging and giving me feedback.  She opened a nacho food cart business this past September.  She closed it back in January due to slow sales.  Next thing I know, she`s setting up a new cart business selling, guess what?   japanese-inspired pancakes!!  So I`m really pissed  at her. 
 
Having said that,  do I have the "right" to be upset or am I just being irrational?  I mean I know business ideas (or any idea) are always "copied" from somewhere else.   I don`t have a "patent" on the concept.   But the thing is, I trusted her with my idea.  I`ve never told anyone about it except her and my mom. 
 
I still intend to go through my plan inspite of having someone beat me to it.  I`m still scrimping and saving at the moment.
 
Anyway, your advice would be appreciated.  Thanks.
 
Mia
patentandtrademark

posts: 1332

Mar 24, 2009 9:23 AM ET    Quote  Report Abuse
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you have the option of being upset.  if being upset causes you to be more cautious in the future, it is a good thing.  best thing to do is learn the lesson, then get over it.

-------------------------

James Lindon, Ph.D. Patent Attorney
Lindon & Lindon, LLC
Cleveland, Ohio
Patents, Trademarks, Copyrights, Pharmacy Law, Litigation
[this is not legal advice - provided for discussion only]
Intellectual Property for the Individual and Small Business: Identify, Protect, Enforce, Defend.
"Fools rush in where angels fear to tread."
http://www.LindonLaw.com
menexis

posts: 50

Mar 24, 2009 9:24 AM ET    Quote  Report Abuse
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In all honesty you are just being irrational to a certain degree. First off you told her the idea and it`s not like you can patent something such as a food idea due to the nature of it.
 
Why not just go into a joint venture with her? approach her about it and do business together or like you said just start your own and do it better than her. Sometime it`s more about the marketing than the food that makes you stand apart from your competitioin.
MiteyMite

posts: 489

Mar 24, 2009 6:08 PM ET    Quote  Report Abuse
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Personally, I`d be PO`d.  She`s supposed to be your friend. What kind of friend does that without mentioning a word to you? The type of friend that I, for one,  would NOT want to be involved with in business.

Yep, she seems like a go-getting opportunist which is great for many aspects of business. But if she wanted to run in your direction she should have, at the very least, asked you about your stance on that when she started planning for it. 

Use the negative energy to motivate you to success.



MiteyMite3/24/2009 8:11 PM
MattTurpin

posts: 249

Mar 25, 2009 12:31 AM ET    Quote  Report Abuse
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Now you know your idea works. You can start a shop somewhere else with some confidence that your idea works, even in this economy. If she fails before you save the money, then you have a ton of cash and you didn`t waste your time. She might have done you a favor.

-------------------------

Making limitless possibilities much more limited.
mia310

posts: 7

Mar 25, 2009 8:47 AM ET    Quote  Report Abuse
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Thanks for taking the time to reply.
 
 My exact sentiments, Mitey Mite
 
Menexis,  going into business with her is not an option.  No, not because of what she did, but because I`ve noticed that when she was running her nacho stand, she didn`t make any effort to attract customers knowing full well that her sales were doing poorly.   She had no marketing strategy whatsoever.
 
  if being upset causes you to be more cautious in the future, it is a good thing.  best thing to do is learn the lesson, 
 
Lesson learned indeed. 
 
Matt,  I never thought of it that way. Thanks!  I feel a little  better already. You`re right. 
 
Mia 
 
mia3103/25/2009 11:04 AM
ArcherTC

posts: 40

Apr 07, 2009 6:54 AM ET    Quote  Report Abuse
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Mia, since you know why her nacho cart idea failed, you`re probably going to see her version of your plan fail as well.  However, if she fails on more than marketing (i.e. the pancakes are lousy), she may sour the market on giving yours a try.  Worse, the customers may believe that you are copying HER business idea.

Unless you see a wealth of business in this boutique baked good, you may want to look at other food opportunities.  Might I suggest nachos?  ;-)



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Tammi L. Coles
Archer Targeted Communication
ArcherTC.com
Follow me on Twitter @archertc
mia310

posts: 7

Apr 09, 2009 9:40 AM ET    Quote  Report Abuse
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Mia, since you know why her nacho cart idea failed, you`re probably going to see her version of your plan fail as well.  However, if she fails on more than marketing (i.e. the pancakes are lousy), she may sour the market on giving yours a try. 

I thought the same thing when I found out what she did, that she`s going to fail this one as well.  Unless, of course, she`s aware of the mistakes she made on her nacho business.
 
She will fail simply because she will lose quite a bit of money from the mistakes she will make in producing them, which she won`t be able to sell to the customers.  I mean it takes a few tries to get the perfect sphere shape.  She should have perfected this before setting up shop. I shared my idea with her to get some sort of feedback  back in October or November.  She`s never heard of Japanese pancakes prior to that. She ran with the idea after the New Year.  So yeah, I guess you`re right.  She will make lousy pancakes.
 
I have spent a good 2 years now on what and how I`ll offer the goods. I`m selling quality and well-prepared food.    I, therefore,  have a better understanding of  the product and each of the ingredients` function that go into producing this product.  This, in turn, allows me to not only produce it consistently, but also to tweak the pancake into many different flavors and forms.  And, I`m not such a bad cook.
 
I`ve worked in retail throughout high school and college.  I`m pretty good at selling and approaching people.  People respond well to me.  I just hope they do the same with my product.
 
Also, I live a good 20 miles from her and live in the nicer part of town. The residents tend to be well-traveled and a bit more sophisticated.  I believe they will be more open and willing to try/taste and appreciate something new.      
 
Having said that, I`m not too worried if she sours the market. More customers for me.
 
It was MY idea. I KNOW it and so does my family.  I came up with the concept.   As cheesy as it may sound, that`s all that`s important to me.  No point in beating myself up (so to speak) for blabbering an idea to a `friend.`   
 
I know the customers will think it was HER idea.  I`ve prepared myself for that.  I`m willing to do whatever it takes (legally/ethically) to simply do it better than she does.   I truly believe I still have the trump card.
 
 

Unless you see a wealth of business in this boutique baked good, you may want to look at other food opportunities.  Might I suggest nachos?  ;-)
 
I do.  I know where I want the business to be in its 2nd year, 5th year and what new products to launch in its 2nd year and so forth.   I have tweaked the original recipe so much that I`ve now concocted 22 different flavors.    
 
However, if this fails, I do have other business ideas as backup.  
 
You know what`s funny Archer?  When she told me she was going to start a nacho business, I told her it wouldn`t work simply because it`s so common.  I mean anybody can make nachos at home. 
mia3104/9/2009 9:46 AM
Apr 14, 2009 10:33 AM ET    Quote  Report Abuse
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I agree with Matt wholeheartedly. Besides, execution is everything.

Another thing, are you a one trick pony? Anybody can come up with one good idea. The problem is, if they can only come up with one (or as in this case, copy it) they`re not likely to be creative enough to resolve other problems that crop up. Alternatively, consider the idea of becoming a serial entrepreneur. You`ll need more good ideas.



-------------------------

~Nurture people, not products~
http://www.fashion-incubator.com
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