I have been marketing an afiliate site and was happy with it. Then it changed ownership and the site and business changed. before I could email and call my people that purchased the guide now I cannot and am afraid the new owner is stealing the leads from me. So my question is, if I recreate the same concept of the site with my own host and domain name and own audio and video presentations everything redone by me but just the same exact concept. Is there anything they can do to me? i am pretty sure they cant since I recreated everything in my own words and style but just want to make sure
You cannot use their brand name. or cannot name your brand with similar pronounciation. You can copy the concept /model(call it inspiration) but cannot copy the process/methodology (call it stealing )
You can make your own version of the site, but make it similar not exact... i mean look how many neopets clones there are now, but none of them are called neopets, and how many social networking sites there are
My first impression from your post is that as long as the business method is not patented and that you are not using any of their intellectual property (i.e., you're writing and creating all the materials on your own without using their work), you should be fine. However, I say "should" because you've got to consider that there are a lot of things I don't know about your situation. Did you sign a non-compete as part of your affiliate package? Did you sign a non-disclosure? Without seeing your actual contract, it's hard to tell whether or not you'd be in trouble. Also, you have to consider whether or not you'd be sued. The fact that you've done nothing wrong except make a similar business isn't enough to keep you from being sued. Anyone can sue. My best advice is that you seek the advice of a lawyer who has access to all of the pertinent facts of your situation... It may be a little more money up front, but it'll save you a lot of headache later... Let me know if you have questions. Deena ____________________________________________________________________ Any opinions are offered without knowledge of the specific law of your jurisdiction and with only the limited information provided in your post. No advice given here should be reasonably relied upon by you or any third party without consulting an attorney who is aware of all of the facts and law surrounding your situation. Any advice given here is not intended to create an attorney-client relationship in any way.
I never signed any contract or anything like that. I only using nothing new in my writings that isn't already on the net today and nothing other than the main idea is from there site but there are many other sites out there doing similiar things so I just want to make sure you never know with some people.