Inspiration for a new business can come from virtually anywhere. However, if you as a small business owner decide to draw your inspiration from another recently closed startup, you might inadvertently be setting yourself up for a serious lawsuit. In episode #128, Gene Marks and Elizabeth Larkin discuss all the legal components that you'll need to examine prior to using another business's idea for your own.
Executive Summary
0:38—Today's Topic: Is it Legal to Copy Another Business's Idea After It Closes?
1:37—It's alright to “steal" ideas from other businesses as long as they didn't file for any patents or their idea isn't recognized as intellectual property.
2:35—Before you use another business's idea, you need to determine whether it had any proprietary technology or whether you would require any licensing to open up a similar business. If you need additional help, consult with an attorney.
4:57—You should also examine why a previous startup failed prior to using their idea. Perhaps, there are some pitfalls you need to avoid or preventative measures that you'll need to take.
5:13—Lastly, don't be afraid to approach the owners of that other business. They might even be able to offer some much needed insight and assistance.
6:21—Gene advises distribution businesses to look into 3D printers that manufacture steel products because this technology could potentially save them a lot of time and money.
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Transcript
Elizabeth: Okay. Welcome back to the Small Biz Ahead podcast, this is Elizabeth Larkin from The Hartford and I'm here with Gene Marks of The Marks Group-
Gene: Soon to be in jail once we talk about this topic (laughs).
Elizabeth: (laughs) Yeah, this is a legal topic, but we're going to tackle it anyway. Today we're going to be talking about, if you have a small business near you, and they have a great idea, but then they shut down, can you just slide in and take their idea and open your own business?
Gene: Who is asking this question?
Elizabeth: Is this legal?
Gene: I want to know, right?
Elizabeth: This was an anonymous question.
Gene: Yes.
Elizabeth: So we're going to answer this question for our listeners after we hear from our sponsor.
Our Sponsor
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Question: If A Startup With a Great Idea Shuts Down, Can You Legally Take Their Idea?
Elizabeth: So Gene, I think a couple episode ago- actually, it was probably more than a couple episodes ago, but you were talking about two different ice cream stores in Philadelp...