Legal Question in Business Law in California

I had an idea for a website a year ago. I researched it and my idea for a website did not exist a year ago. I knwo have the resources needed to start this website and it turns out someone else is doing it exactly how I planned to do so. However, the person who is currently running this site is missing a very key element. That element is a cell phone application to go along with the site. After thinking about this I realized the mobile app is more important than the website and can operate just fine without a website. If I created the app which basically does the same thing as an existing website will I be breaking any legal laws or have legal issues if my application becomes successful ( the current website is not too successful as of now)


Asked on 2/12/12, 11:26 pm

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

There is nothing inherently wrong with starting a business that competes with an existing business. Troubles arise when #2 starts taking the intellectual property (IP) of #1. IP includes patents, trademarks, copyrights and some trade secrets. With no details, I cannot say whether your business idea involves infringement of #1's IP rights. If you became involved in copying #1's code, you'd perhaps have a copyright problem. If you paid someone who worked for #1 to send you customer lists, you'd be infringing his trade secrets. Your best bet is at some point to pay a local I-P attorney a few hundred bucks to listen to your description of your business idea to see whether you're stepping on anyone's toes.

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Answered on 2/13/12, 9:42 am


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