Forums: Discussions for entrepreneurs and small business.

I`d start with doing a forum search, where you put "Trademark" in the query line, then select by Topic Name. There are some really excellent discussions.

If I understand PatentandTrademark, having a unique method or application of an existing item can probably be protected. But keep this in mind, regarding the recently settled case about Sony Walkman technology.

A guy in Brazil took existing cassette technology, earphones, and players, and developed a "carry-around" portable casette player without speakers. He went to Sony and they rejected the idea. They then came out with the Walkan, and this fella sued.

DECADES later, he won the suit for 6-figure dollars. However, he spent his entire life, all his money, and every asset he had in fighting that lawsuit. Is it worth it?

Why not get started with the new product, sell it, and keep researching and investigating whether or not someone else will sue you, take it, or otherwise interfere. In the mean time, you`ll be making some money and working out the bugs in a marketing plan. Right? ;-)

Hi everyone,
I am new to startup nation but I am really thrilled to see such an awesome site!  I am not sure where to put this post, so I figured I would start here.
The idea I have, is not my own; I did not invent the product.  I would like to import or offer an innovative product to a rather large company.  In fact, I have all ready contacted them and they would like to know more about what I have to offer.  My problem is, how do I discuss this with them without them stealing my idea and doing it on their own?  I doubt they would be willing to sign an agreement.... I am at a loss for what to do, Help

This is a classic dilemma faced by many start-ups or small businesses.  Although a non-disclosure agreement is certainly helpful and advisable, it is no substitute for using sound business sense.  Disclose only what you need to, but hold back enough information to prevent the company from doing it themselves without your help (i.e., only "show them a knee").

  pos

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


Pepper Law Group, LLC
21 E. High Street, Suite D
Somerville, NJ 08876
informationlaw.com
Now available on DVD!
The Legal Considerations of Starting an Online Business

aahhh good advice, Thanks!

I have a similar concern.  I got burned a few years back when I came up with an idea for a business.  I spent almost two years doing the legwork, searching location, determining the costs, doing market research, and putting together a business plan.  However, when I started trying to allocate property, get city and county feedback and tentative approval for the business type and zoning, identiying potential locations on which to build, and finally contacting investors, someone thought hte idea was so good they ran with it themselves.  Unfortunately they already had the resources, funding and connections I was trying to establish.  I fond out when the ealtor I had contacted regarding one of the potential protperies I had priced out and told me it had ben sold.  Then I discovered the company that bought it was establishing the same busniess concept I had been working on.  I`m not certain as to how exactly they found out about the idea but there are a number of possibilities, such as city council debating the zoning for the business in a public forum (which is where I think it got started, then discussed in other forums like the Chamber of Commerce, etc. until someone thought `hey we should do that`). I talked to a lawyer and got the ole "too bad, so sad" line. 

I have another idea for a business that I think would be good for the area and community - its a sports and family entertainment enterprise - but before I put another year or so of legwork into it, I want to make sure someone can`t steal it.  I had and NDA and Confidentiality agreement attached to my last business plan but the lawyer said they don`t standup very well for a tangible commodity such as "an idea for a business".  Apparently all somone needs to do is change some subtle aspect of the concept and it isn`t the same thing.

What can I do to protect my idea?  Does copyright apply to such a thing?  Is there any other legal course I should follow?  Can an idea be considered "Intellectual Property" and if so, how does one protect it?

Thanks for any feedback or experiences others have had.
arbedar

 

Unfortunately, you cannot really protect an "idea".

Think of it the other way - if you get your business started, what prevent others from copying you and start a business to compete against you next door?

If it can be protected (patent, copyright etc) legally, use it. If not, then you have to look at other things. Maybe it is your supplier who can do it better and cheaper than anyone else. Maybe it is an internal process which enables you to offer it cheaper. Whatever it is, you need to protect it... that means, don`t share it so easily. You can tell city and county what you want to offer, but there is no need to explain the details on how you do it.

If you cannot think of any competitive advantage, the only thing left is brand name. If you can get to the market early, maybe you can establish a strong brand before competition appears. However, this requires strong marketing from the beginning and may not be feasible for small businesses.