I am currently pursuing an online business idea and found that someone already opened up the same online business concept in 2001.

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I am currently pursuing an online business idea and found that someone already opened up the same online business concept in 2001.

Am I able to still open up my online business without infringing on my competitors trademarks or copyright? In simple terms, how can I legally be the Burger King (metaphorically) of this world and still legally run a corporation when my competitor (McDonald’s- metaphorically) originally opened up their business first with registered trademarks, copyrights, etc? The business I am interested in pursuing is within the Caretaking Industry.

Asked on June 12, 2009 under Business Law, Georgia

Answers:

J.V., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 14 years ago | Contributor

because what your asking about is very technical and requires a lot of specifics what you need to do to ensure nothing happens is call a local attorney who specializes in this area of law and explain everything to them.

Trademarks and patent law is very specialized and there are many specific regulations you must abide by. Without more details from you and being able to know exactly what your doing who else does it what they have filed etc I cannot advise you on what exactly to do. Call a local attorney and they will be able to handle the matter for you. good luck


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