Legal Question in Intellectual Property in California

I have been really excited about this music website idea and have been connecting with potential partners/developers and getting some personal/other's funds together.... however I have come across a patent that WILL conflict with my business plan.

The patent was granted 13 months ago, submitted 2.5 years ago... I consider it possible they are trolling with the IP, however they are a music company. Should I contact the IP owners? Perhaps they are not planning to use it? Maybe I can work with them? Are patents licensed for, say 5%, of net profits? Or should I just go ahead with developing the webware, and hope they don't flex their patent muscle.

Im really excited about this idea... I have a feeling in my gut that it will wprk and be the FIRST real entrepreneurial experience of my life. Its a weird feeling.

What do you think I should do? Any advice is appreciated. Thanks.


Asked on 11/10/12, 1:41 pm

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

While I am not a patent-law expert, I note that you have no answers so far, so let me make a comment and a suggestion.

My comment is that the music industry is VERY sensitive to intellectual-property rights and will jump on infringers and possible infringers quite quickly, and it is very alert to what's going on on the Internet.

My suggestion is that you go book-shopping for at least two of the self-help law books designed for small business people and the general public, and covering the areas of patents, trademarks and copyrights. You should at least skim carefully two books by different authors to get a sufficiently diverse set of comments and opinions.on your possible issues and liabilities. Nolo Press is one publisher of such books; there are several others.

Finally, I think it would be a good idea to have an initial chat, which needn't be very costly, with an I-P attorney BEFORE taking any money from outside investors.......and maybe a lawyer with finance and investment experience as well.

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Answered on 11/10/12, 6:41 pm


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