Copycats are always out there: Startup Survival Guide

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Like President Trump says “Make America Great Again” and now out here many people began to use to the phrase. Such copycats.

opycats are always out there.

People only copy something when they see something is good!

If someone is trying to copy you in one way that is good! That means you doing something right and that should motivate you to move forward and have more people behind your a**.

Now when you have potential customers [ If you didn’t read my first article about competition please click the link -> All Startup’s have competition ] it is not the time to smile and celebrate because now you have work to do.

Copycats are your competitors and they just come around to “steal” ideas and innovate as an entrepreneur and at the end of the day they want to gain more capital then your business firm and gain more of the market.

I really like how Cliff Ennico referred to copycats (creators of computers) with this example:

“ Basically, they’re a television set connected to a type-writer keyboard by a telephone cord, aren’t they?”

That’s a pure example of copycats! Now look almost everyone is using a computer. Another entrepreneur innovated and created laptops and that’s the device I used to write this article.

Now, some of us might be working on an idea so how we keep copycats at bay?

If you trying to do it legally you really can’t. It’s mostly the matter of keeping confidential and sensitive information to yourself.

And, at times we might want to work with someone so what do we do?

This is what I trying to figure out when I was working on my app ShareME like how can I prevent problems beforehand and I came to hear about Non-Disclosure -Agreements (NDA).

Non-disclosure-Agreements are (agreements) that help you (the business owner) and your employee keep sensitive information between each other.

The NDA also includes parts that talk about employees not having the right to share confidential information even if they leave the job.

It’s really important. The NDA will prevent you from facing lawsuits from people who just want to dig in your pocket.

Below I have an example of a Non-Disclosure-Agreement for ShareME Employees:

NON DISCLOSURE AGREEMENT for ShareMe Employee

Under the Defend Trade Secrets Act, employers are now required to include a Notice of Immunity provision. “in any contract or agreement with an employee that governs the use of a trade secret or other confidential information.”

NON DISCLOSURE AGREEMENT

This Nondisclosure Agreement (the “Agreement”) is entered into by and between _______________ with its principal offices at ShareME, (“Disclosing Party”) and _______________, located at _______________ (“Receiving Party”) for the purpose of preventing the unauthorized disclosure of Confidential Information as defined below. The parties agree to enter into a confidential relationship with respect to the disclosure of certain proprietary and confidential information (“Confidential Information”).

1. Definition of Confidential Information. For purposes of this Agreement, “Confidential Information” shall include all information or material that has or could have commercial value or other utility in the business in which Disclosing Party is engaged. If Confidential Information is in written form, the Disclosing Party shall label or stamp the materials with the word “Confidential” or some similar warning. If Confidential Information is transmitted orally, the Disclosing Party shall promptly provide a writing indicating that such oral communication constituted Confidential Information.

2. Exclusions from Confidential Information. Receiving Party’s obligations under this Agreement do not extend to information that is: (a) publicly known at the time of disclosure or subsequently becomes publicly known through no fault of the Receiving Party; (b) discovered or created by the Receiving Party before disclosure by Disclosing Party; © learned by the Receiving Party through legitimate means other than from the Disclosing Party or Disclosing Party’s representatives; or (d) is disclosed by Receiving Party with Disclosing Party’s prior written approval.

3. Obligations of Receiving Party. Receiving Party shall hold and maintain the Confidential Information in strictest confidence for the sole and exclusive benefit of the Disclosing Party. Receiving Party shall carefully restrict access to Confidential Information to employees, contractors and third parties as is reasonably required and shall require those persons to sign nondisclosure restrictions at least as protective as those in this Agreement. Receiving Party shall not, without prior written approval of Disclosing Party, use for Receiving Party’s own benefit, publish, copy, or otherwise disclose to others, or permit the use by others for their benefit or to the detriment of Disclosing Party, any Confidential Information. Receiving Party shall return to Disclosing Party any and all records, notes, and other written, printed, or tangible materials in its possession pertaining to Confidential Information immediately if Disclosing Party requests it in writing.

4. Time Periods. The nondisclosure provisions of this Agreement shall survive the termination of this Agreement and Receiving Party’s duty to hold Confidential Information in confidence shall remain in effect until the Confidential Information no longer qualifies as a trade secret or until Disclosing Party sends Receiving Party written notice releasing Receiving Party from this Agreement, whichever occurs first.

5. Relationships. Nothing contained in this Agreement shall be deemed to constitute either party a partner, joint venturer or employee of the other party for any purpose.

6. Severability. If a court finds any provision of this Agreement invalid or unenforceable, the remainder of this Agreement shall be interpreted so as best to effect the intent of the parties.

7. Integration. This Agreement expresses the complete understanding of the parties with respect to the subject matter and supersedes all prior proposals, agreements, representations and understandings. This Agreement may not be amended except in a writing signed by both parties.

8. Waiver. The failure to exercise any right provided in this Agreement shall not be a waiver of prior or subsequent rights.

9. Notice of Immunity [OPTIONAL]

Employee is provided notice that an individual shall not be held criminally or civilly liable under any federal or state trade secret law for the disclosure of a trade secret that is made (i) in confidence to a federal, state, or local government official, either directly or indirectly, or to an attorney; and (ii) solely for the purpose of reporting or investigating a suspected violation of law; or is made in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal. An individual who files a lawsuit for retaliation by an employer for reporting a suspected violation of law may disclose the trade secret to the attorney of the individual and use the trade secret information in the court proceeding, if the individual (i) files any document containing the trade secret under seal; and (ii) does not disclose the trade secret, except pursuant to court order. Please understand even if you leave ShareMe you aren’t allowed to share any information as long as you living and if you do federal charges will be filed against you immediately.

This Agreement and each party’s obligations shall be binding on the representatives, assigns and successors of such party. Each party has signed this Agreement through its authorized representative.

_____________________________________________________ (Signature)

_____________________________________________________

(Typed or Printed Name)

_____________________________________________________ (Date)

_____________________________________________________ (Signature)

Now, when protecting your products you need to put trademarks.

If you are a rookie in opening businesses and don’t know what trademarks — they really just a mark to know where your products come from.

Copycats are everywhere and remember you don’t want them to take your products.

The goverment at some places are currupt you can find loopholes in almost everything so you don’t want to risk anything.

Remember your business is your baby and you should want to do everything for it to leave the world better then you found it.

[ Just know there a lot about legal work for businesses and I don’t want to get to in dept with it in this article but I will consider making a series on it ]

The Key Value 🔑 I want you to leave with:

  • Don’t think copycats are 100% it’s one sign of saying that your work is good and worth copying
  • When you notice someone is copying you it means there is so more work for you to do (But, that doesn’t mean you relax if no one is copying you because I would rather have a security system set for my house then expecting to put it up when I get robbed.)
  • When you working with employees have them sign a Non-Disclosure-Agreement to prevent lawsuits
  • Use trademarks and copyrights on your products and business firm

Thank you for reading my article! Feel free to leave a comment or learn much more about me below!!

source: medium.com

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