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MenuMay I apply the term "lean" if I adapt lean startup concepts & apply them outside entrepreneurship w/o infringing on any legal protections of "lean"?
I am exploring application of lean startup principles to a niche industry that has nothing to do with entrepreneurship. In other words, the principles wouldn't be applied to creating a start up, but it would treat an individual as the product/start up and invite individuals to identify their own value proposition for employers or in situations where they need to demonstrate value. Is it okay to call a product developed for this purpose "lean" as in "lean career development"?
Answers


Ries owns 'Lean Startup' trademark. I doubt 'lean' by itself is trademark-able, and isn't claimed by Eric. Someone else may claim 'lean career development,' so might be worth a trademark search.
A combination of words may be trademarked but that does not protect the words individually. "Lean" or "startup." The focus of trademark law is not protecting the creative work of the owner but protecting consumers- preventing the likelihood of confusion with other recognized products on the market.
Whether or not your material would infringe copyright would depend on whether or not you expressed ideas similarly ( not just having similar ideas).
If you have Tm or copyright questions fell free to call me for a consult.
Everyone who has answered is correct so far. The term and principles of "Lean" have existed for a long time. You can also check with the Lean Enterprise Institute (http://www.lean.org/). The term was coined in the late 80's by MIT prof Jim Womack to describe Toyota's process (http://www.lean.org/WhatsLean/)
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How do I grow from a one man startup when I don't have the money to hire & don't have skills or time for investors?
Stop thinking you don't have the skills to do something. You can learn anything if you decide to, but assuming up front that you can't (forever) is dangerous. my2cents
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If I have a clause in my contract where any "Derivative" works are owned by the company -- what are the limits of this were I to create something new?
This is a tricky question as you are entering a gray area if you are using material from Book Z to inspire your own book. Derivatives works are highly litigated and there is case law that you could turn to to help you make this decision but based on your example its going to be a fine line. You would have to be able to distinguish the products as two very separate works. Since the original book Z is inspiring your new book this may be hard to do. It might actually be easier to talk with the original author about your future plans and develop an agreement between the two of you where he waives any claims he might have here in exchange for recognition in your book. Just an idea--FYI- this is NOT LEGAL ADVICE. You should consult with an attorney in more detail here.
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What are examples of great questions to ask when surveying your customers?
Khuram's reference to what I call the "gap technique" is spot on. Few people will rate something 10/10 or A+. This gives you the opportunity to ask them how to achieve that highest rating. Once you do that: "Shut up and listen!" :) -- One of the worst mistakes is to get a participant talking (and many people talk way too much) but then to cut them off even though they're giving you substantive information (obviously, if it's drivel, then you do want to move on). You also have to assess those you survey: some are founts of information and insight while others have nothing to say. All are not created equal, as it were. In all surveys, whether in person or on-line, I recommend open-ended (i.e., unprompted) questions (where possible) followed by close-ended (i.e., prompted answers) questions. In other words: What is your favorite brand of cookie (with no list specified)? Perhaps they say Oreos. Later on, after they've forgotten that, you have a list: Which is your favorite cookie brand: a) Little Debbie; b) Mrs. Fields; c) Oreo; d) Duncan Hines? Now if those two don't match up, how valuable are these answers? So that gives you the ability to test for validity. Once you present the prompted answers, you've poisoned the well, which is why they have to come later. Hope this helps and should you have any questions, I would welcome the opportunity to discuss with you. Best, Steve
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If I come up with a coaching methodology / formula, is it protected under Copyright?
(I'm a small biz attorney who helps people with copyright, trademark, and other IP law, and I'm answering per U.S. law.) As soon as you take your idea and put it into a tangible format (write it down, create an infographic, record a video), then that writing/infographic/video is automatically protected by copyright law. You can record the copyright on it too, which makes it easier to protect and get damages from other people taking it. But the formula itself would be probably protected under trade secret law or patent law. Patent law obviously takes a bit more effort, because you have to apply for the patent and get your application examined by the USPTO, which takes years and $$$. Keeping it protected under trade secret law means you have to make an effort to keep it secret (which may not work if you are disclosing it as part of your marketing efforts), such as keeping it confidential and requiring NDAs. As someone else said, the other terms you use might be protected under trademark law. If a member of the public would use those terms to link your products/services with the source of the product/service (aka, your company), then they could be trademark-able. There are some state law protections for trademarks, and you can also file to register the trademark with the USPTO and get more protection. Hope that gets your started!
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Legally selling transcribed sheet music?
Disclaimer: I'm not an intellectual property attorney - and I am not attempting to, nor qualified to give legal advice. That said - here is what I know on the subject. Copyright was once explained to me as a bundle of sticks, where each stick was a different right. Two sticks that might be important in this situation would be: 1. Distribution Rights: Creating the sheet music in itself may be harmless, but copyright does cover right to distribute - and so your idea to distribute for profit may infringe upon this right. 2. Derivative Works: Copyright also gives the owner the right to create derivative works based on the original - so even if your version is different - it becomes an issue of "how different" - so you may also be infringing on this right. One path forward is to determine who owns these rights (the original artists or label often sell the rights) and license the right to produce and sell the sheet music. My guess is this could be cost and time prohibitive. Another would be to see who is already selling sheet music for these songs - and simply act as an affiliate, taking a portion of the revenues per sale. Consider trying the affiliate route first, to determine how many of these sales you generate from your audience, before going to the trouble of licensing the content etc. I'd be happy to discuss ways that you can validate demand within your population before you do either, and recommend doing so with or without my input. Cheers, Ryan