position with research

[wood1e]

Hi,

I recently set up a company, so that if I wanted to create an online solution I was ready to.

I researched the area and decided to go for it. I then found a company that was already providing an online solution.

I foolishly emailed them asking about their product, stating I was researching the solutions on offer for my sister!!! The competitor offered me a demo of their solution which I looked at and left at that, then informing my business partners about my findings.

He traced my address through my email address, as I do design website as well as he lives in the same town as me.

Then I went away on holiday. He phoned me and didn't reply because I was away. The owner came to my house and said he was suspicious and asked if I was setting up as a competitor!!! I stupidly said no.

Our solution will not look the same as his, we will not use the same code as his, and I did not look at his code. Although their will be some obvious similarities as we will provide the same solution. It would be like me designing a new version of WORD, or EXCEL there would be similarity etc.

Where does that leave me and my solution?
Do we delay?
Do I go back to the competitor in a month’s time as say we are now looking at creating an online solution now?

 

[BlackBerryUK]

is their solution copy right? i never heard of a solution as a copy right to be honest.. if there is no copy right, then ur free to do what you want.

am sure there are lawyers here in the forum, who will be able to give you a more reliable answer. am just thinking of it in terms of common sense. mind you, this world is lacking it big time!

 

[mumper]

It would be like me designing a new version of WORD, or EXCEL there would be similarity etc.

Similarity is not the same as an exact copy though. As BlackBerryUK says, check on copyright - there is a forum member here called Crossguard, he will know for sure what you need to do.

 

[Antonia @limeone.com]

to your house is of concern to me as it sounds like harrassment. I would certainly take legal advice on the solution you are intending to provide but you are under no duty to inform any other competitor of your intentions nor when you start your business.

We have Intellectual Property advisors here with specific expertise in IT programmes and software and Phillip at Crossguard provides sound advice on this forum too.

 

[Astaroth]

Possing at potential clients to access the offerings/ pricing of your competitors is a very common trick - there are even companies set up to do this on your behalf so there is certainly no issues in what has been done to date.

As to if you can create a duplicate of their offering will depend upon what intellectual property rights, such as patents, that the competition own for their offering. As Antonia suggests, it may be worth discussing the idea with a specialist solicitor prior to any significant investment of time/ money to ensure that there will be no justified issues.