Loading...
Answers
MenuHow can I sell a product with someone else's IP?
I just found this product on Product Hunt (https://www.producthunt.com/tech/pokeball-charger), and I would like to know how the IP law works.
Let's say I want to sell a similar product, but I don't have the license to sell it. What's the process to get a license to sell products with someone else's IP?
Answers
If the person doesn't have a patent, trademark, or copyright on the thing you want to copy, then you can copy as much as you want. Current IP law in the USA is "first to file" (see: https://en.wikipedia.org/wiki/First_to_file_and_first_to_invent)
If the person has any of those things, and you want to copy them legally then you have to ask them for a licence.
If the person has any of those things, but doesn't have the money to sue you for infringement, then you might be able to copy it with legal repercussion. That wouldn't be very cool though.
There are many things in your questions.
1. If you want to sell a similar product, it means you have identified a market/niche that is not addressed by the current product. A good thing to do would be to contact the company and check for the option to get an Agreement where you could build a similar product - based on theirs - with some tweeks, making sure it is a win-win deal for both parties (you are not competing their product and they access a new market through you). Then you would not have to reinvent the wheel, you would leverage existing IP and knowledge they currently have for this product and able to go quick on the market.
2. If first option doesn't work or you want to compete them directly, then you need to build your own product, i.e. re-invent the wheel (more costs, takes time, etc.). In this case, you need to make sure you are not infringing their IP or any other IP that other vendor might have with similar products (as correctly indicated in previous Lee's comment).
You should not view IP from a strict "law" perspective, you should view IP as an opportunity to leverage other's people work in order to quickly and efficiently build solutions that's going to solve your customer's problem.
First, you need to identify IP associated with the product, if any. The best way to proceed would be to contact them and they will provide you with the relevant IP (patent or design registered with USPTO) and agreement terms for licensing the same.
You would need a license with that IP owner. If you're interested in using another Co's brand, trademark or IP, you have to have a License Agreement with that Co that authorizes your right to use their marks, within a product category, within a specific territory, to specific retail channels.
Having a best selling book on Amazon and a few other ebooks and copyright digital material, it's always nice to be contacted from thoughtful experienced entrepreneurs.
You should reach out to the IP owner privately and ask if they do revenue splits, licensing or have a joint venture program in place and how they work with partner/marketers.
Show them how you both can come out ahead with your proposal. Hope that helps.
Related Questions
-
Is it advisable to outsource to an agency to create our MVP? Are my security concerns unfounded?
It's not unusual at all. If you do outsource, try and make sure you have a project lead that you can trust. Once revenues get up to a certain point they might want to see the project through and come on board full time OR they will have enough pride in their work to make sure a proper transition takes place. As far as security, make sure you have an airtight non-disclosure/non-compete agreement with a penalty clause that includes financial remuneration.MM
-
We're developing a web product with a team of 10 developers. How can I protect my source code if anyone leaves the company?
If you're using source control, it's easy to track source and control access — or revoke access — if someone leaves the company. Also, your developers should have signed a contract about the project itself that clearly places the source code under your/the client's/the company's control, and if/when they leave, they release all rights to code created under that contract. You can never be 100% sure, but these small steps will at least ensure a legal high ground should anyone steal code. Good luck!JL
-
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.MS
-
What is the best way to get a physical product to market in 2014?
I've been in ecommerce for over a decade and have co-founded and helped start companies collectively driving over $10MM in ecommerce sales. I've consulted for Fortune 500 ecommerce stores. Here's my advice if you're just getting started without a big budget. Note: Some of this is copied from my answer to a similar question. #1) PROVE THE ASSUMPTION: Start with a dropshipper's existing products to figure out what sells best before you spend money on manufacturing and warehousing. Amazon is perfect for this - they will pay you 4%-10% to promote 253,000,000 products (http://bit.ly/1q2M85R) - you can sign up at https://affiliate-program.amazon.com/ Alternately, get very small amounts of the product (maybe even just buy some from a competitor) and try selling them on ebay and amazon. Nothing hurts more than having $50,000 of imported product gathering dust in your fulfillment warehouse while listening to a voicemail from a debt collector. #2) SOURCING There are several options here. Many people prefer Alibaba.com. Warning - if you use Alibaba, you are stepping into a tank of pirahnas. There are more scam "manufacturers" on Alibaba than real ones. Use Escrow or AliSecure Pay if you buy. If the supplier says they only take T/T, Western Union, Moneygram - just say no! I prefer American Made when possible. If you're like me, try Ariba's Discovery Service - http://bit.ly/1q2NFZu - which will allow you to find suppliers with a physical presence in the USA. Note: Many things can be made on demand (someone purchases, one gets made and shipped) instead of in 500+ manufacturing runs. Start there if you can - Books on CreateSpace.com, Clothes on CafePress.com, Playing Cards on MakePlayingCards.com, etc - to test out your exact product. If you decide to source by purchasing product in bulk, find a fulfillment company to store and fulfill (ship) your orders. Amazon does this - http://services.amazon.com/content/fulfillment-by-amazon.htm - but they might decide to crush you like a bug if you're successful (http://bit.ly/1q2V7DX). Other fulfillment companies for e-commerce include http://www.shipwire.com/ and http://www.webgistix.com/ #3) LAUNCH YOUR SITE This is an entire topic in itself. One of the fastest ways I know for newbies to start in e-commerce is with a SquareSpace.com store. Other options include GoDaddy.com and BigCommerce.com. If you can stand to use the templates they provide instead of trying to customize them, you'll save yourself a lot of hassle and expense - customization usually looks terrible unless a designer/coder was hired to do the work. If you do customize, find someone on odesk.com or elance.com. If you're not hard up for money, just build a custom store from the start. If you can't do that, save up some money and then go for it. Focus on increasing conversion rate - for every 100 visitors, get 1 to buy. Then 2. Then 4. Then 8 (8%). #4) MARKET Figure out where your competition is advertising. Are they getting free, "organic" SEO results on Google? Using social media to drive billions of dollars of sales? (NOTE: That was a joke - don't count on social media as the nucleus of your marketing campaign. Please!) Are they paying for Google ads ("PPC"), buying email lists, using strategic partnerships for promotion, relying on shopping portals, using banner advertising, or something else entirely? There's probably a good reason - figure out what it will take to play in those waters. At the same time, try to find a small enough niche that you can win in it. #5) BEWARE Be careful about artsy things. If someone is attracted to something artistic, it's usually because there is a story behind the art for them, or because it's cheap. If you're going to try to sell artistic things, you may want to consider doing some serious research first about who has been successful in that area. Look at etsy.com to see handmade artsy items (very cool). #6) WORTH A LOOK Worth checking out as you start your journey: Art.com, yessy.com, Artfire.com, ArtPal.com #7) DEEP FOUNDATION If you need help, reach out for a 15 minute call and we'll discuss a go-to-market strategy specific to your goals.RD
-
How do I go about getting my invention licensed by a big company?
First off, stop calling it an idea. (might be just that, but in licencing efforts you don't want to call it that). Second, what do you mean time is of the essence? This already started sounding risky. With that said, I believe you have two options, assuming that you can spend the next quarter reaching out and performing poorly in presentations and pitches to executives for licencing deals. 1. Learn the art of pitching and presenting, in my blog I have listed some books, one of them is presentations like Steve Jobs. Check it out here: unthinkeverything.blogspot.com (books are listed on the right) and hopefully secure a deal. The risk with this is that if you don't is time wasted. 2. Figure out a creative way to launch your innovation yourself, even if is simply to test for validation. It can be relatively inexpensive to do this (you didn't provide information on your patented idea so I can't help you on that yet). The upside of you launching your product or validation effort yourself is that it gives you exposure, it gives you business experience and most importantly it adds tangible value to your idea no longer putting you on the spot putting a random price point for it. This also makes it easier for you to approach companies and executives and if the licensing deal doesn't go through you have a business out of it. The reality is that if another business can make profit off a license, so can the owner of the product itself. Just have to figure out how.HV
the startups.com platform
Copyright © 2025 Startups.com. All rights reserved.