I basically am copying the concept of a program I am currently a member of I just dont like the product that they sell but think the marketing and business concept is really good. my question for discussion is.... if I basically am taking there idea and putting a different name on it with a different product that it sells in the back office and change a few more things can they sue me? or what other things could potentially happen? do I need to get a cpoyright etc then I am ok? any help would be awsome
if you are living in USA or EU space then most likely they can sue you until you go out of business if you are in any other country - may be - depends on that country's legal system and international trade/copyright agreements another point of course is that if you copy - like so many others - successful business concepts and ideas sooner or later your own customers will realize that and KNOW that you are NO creator but a copier and your global value goes into trash can the world needs creative producers rather than copiers ... a last option would be a honest question to the one who invested his brain power to create what you love to copy and ask for $-permission to use his concept may be if your market is totally different and zero competition to HIS market - he/she may allow for free of a reasonable / honest price ...
You need to be original and not steal other peoples work. They CAN sue you and they WILL win... If you do steal their idea... I hope they do sue you. Get a clue dude.
This is bad advice. You CAN duplicate sales techniques. This person is suggesting that if you own a store and see another store stacking products in the window then you can't stack products in the window. This is absolutely not true. Unless the method of delivering a message or sales technique is patented, then you can most definitely use the method.
Where do you live? In Canada, you can do it, and of course, they can sue you if they want, until you go out of business or until you reach an agreement, because they are most likely more established than you. Sales techniques can easily be duplicated (i.e. buy one get one free). But I think you mean "business model" instead.
The only way an idea can be protected is by patent. If the idea is "obvious" then it is not patentable. If they have not filed for patent protection then they cannot sue you. Well, they can try, but they will lose. If they do have a patent, they are required to disclose it (on their website if that's what the patent applies to).
Black Area - You copy the idea 90%-100% then you can easily get into trouble since it's so close to their idea. White Area - You copy the idea, but change the product and such with a totally different looking website. There is no way they will know it's related to them. A business model is just a business model everyone copies everyone elses business models to get ahead. There's nothing illegal with it 99% of the time. Gray Area - You copy their website, but have totally different content and items for sale. You may get into trouble for this. You can't prevent suing 100% of the time, but it would be so hard for them to prove it if the item is different, but the model is close. Just don't make a close looking website.
I am more thinking llike it as a restaurant copying Mcdonalds business plan. Lure customers into the building offer them a burger maybe 20-30% profit and add in a coke which costs 1 cent and sell for $2 over 90% profit. I really am just using this general idea for business that obviously someone else has been using for success. If I change the website 100% and create my own with a different name and slightly different twist in words and meaning just using the basic business plan with completely different products it seems like they could sue me but it would be like Mcdonalds suing burger king for entering into the fast food burger business. am I correct in my thinking?
To be honest I don't think anyone will come after you as long as you don't copy anything. A business model is a business model and try to keep it secret. Why would someone sue a website that they don't even know about from the start either? It's going to take you probably 2-3 years to get anywhere.