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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/)
Related Questions
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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!EP
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What's considered "Traction" in the B2C app world these days?
Mobile app that has launched: You need ALL of the following: 1) Trending towards or at 100000 installs within first 90 days of launch; 2) Day 30 retention rate of at least 20% 3) Core "MTM" (metric that matters) healthy (dependent on business model, usage model etc) 4) Evidence that growth is just "getting started" with plenty of upside left. Happy to talk more in a call.TW
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The schools are dispatching school buses to pick up students in AM and drop off in PM. Some students will be absent in AM, in PM parents not home?
My answer will be short: Definitely an app. I'll be more than happy to discuss details further.GS
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What is the best way for a startup to draft Terms of Service and Privacy without spending thousands of dollars?
Your first point of reference should be experience. The most effective way to create your ToS is to consult with a lawyer who specializes in your industry. This also hold true for your that and any business legal document. It’s true that you can find different online services and templates to assist you, but the truth is that these documents could very well be null and void. Your business is specific and unique and your ToS should be the same way. I advise against copying your ToS or using one of the “easy to use” sites as they will almost certainly fail to include or capture everything. Read more: https://lawtrades.com/blog/protect-website-liability/ At www.lawtrades.com, we have plenty of experienced Terms of Service and Privacy policy lawyers who will complete it for you on-demand. I have seen PP and TOS prepared routinely for $599 or less, and these documents essentially serve as a “blueprint” for your business. (Full disclosure: I'm the founder/CEO). In my opinion, copying your competitors legal documents will not work for you in the long run. The odds are high that the business had their documents customized, and by copying and pasting you are claiming that your business has the same features and services which is highly unlikely. Hope this helped address some of your concerns. When you're ready, you make your request completely free at www.lawtrades.com to get a better feel for the process. Feel free to mention "clarity" for a discount :)RA
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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, SteveSM
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