How Do You Protect Trade Secrets and Enforce NDA'a?

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Blastyourass

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May 12, 2007
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This is a thorn in my side right now.

Many know my niches and what I do but I'm not an idiot and I don't give it all away. I have trade secrets and projects that I would love to get some great people involved with but it's not like the shit is something I could patent. So protecting my biz in a big gray area.

So how does one go about making sure people don't steal the ideas and that they will be loyal to the project? You can't right? NDA'S covenant not to competes???
 


If you are hiring a freelancer you can't have them sign a non-compete. You can however have them sign an NDA. If you are looking to partner with someone, just sign a formal agreement and make sure non-disclosure is included. If you have original content, get it copyrighted. If you have an original idea or mechanism, you can go for a patent. Have you talked to an intellectual property attorney?

EDIT: Oh yeah, you enforce this stuff through civil litigation. Make sure you trust the person before starting, and know them in person - so that when you get ripped off you aren't totally clueless.
 
Agreed - but what it comes too is this. Paper will get you so far, but if you have to, you'll spend money on lawyer's to protect your business. NDA's are pretty much standard when you have a business process you are looking to protect.

Venture Capitalist, Entreprenuer's etc. all use the NDA as the first thing they present to potential partners. If someone wants to steal your idea - they'll do it, but having signed documents sure makes things go smoother in court. Oh yeah, so does having more money that who you are suing . . .
 
I have an attorney. He's jewish and is an expert on all law that he can defend and make money. My idea's and intellectual property is too broad.

It's more like knowing where a big ass pile of gold is and not having the man power to move the dirt, sift the shit and get the gold. So it's not original or patentable.

Yes I can do it and make great money. But with an army we can kill it. I also think about urgency in getting to the gold. Because there are armies and battle plans being drawn up as I write this. A sense of urgency is an understatement.

A formal agrement and a NDA is the best you can do right?
 
True. Anyone can steal a patent copyright etc and violate an NDA. Shit I broke the law for years and years in jail and prison didnt deter me, so a piece of paper will not do much.:error:

Having more money is the key, yes. But there is no 100% protection. Thanks guys!



. If someone wants to steal your idea - they'll do it, but having signed documents sure makes things go smoother in court. Oh yeah, so does having more money that who you are suing . . .
 
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Find people you know in person and you can trust -- then get everything in writing. That's the surest best.
 
Most VCs will laugh at an NDA. If it's really a good idea, they're going to pay you money - and it won't be hushhush for long. If it's not a good idea, well, they're not going to pay you money and it's GTFO.

I can't stand when people are overly paranoid about this. If you're gonna do something, just do it. Once you've done it, everyone can see it anyway...what's the point of an NDA if you're planning on executing your idea no matter what?
 
Hmmmmm....:xomunch: hmmmmmmmmm:xomunch: still chewing.

I smoke crack and peak out my curtains. Maybe that's why I'm paranoid:eek:

Well how about when I roll out my plan and trade secrets and everyone says fuck you I'm doing it on my own and now I created 30 competitors who tell x amount of people and so on and so on.

The deal is you really can't trust anyone.

I can't stand when people are overly paranoid about this. If you're gonna do something, just do it. Once you've done it, everyone can see it anyway...what's the point of an NDA if you're planning on executing your idea no matter what?
 
Most VCs will laugh at an NDA. If it's really a good idea, they're going to pay you money - and it won't be hushhush for long. If it's not a good idea, well, they're not going to pay you money and it's GTFO.

I can't stand when people are overly paranoid about this. If you're gonna do something, just do it. Once you've done it, everyone can see it anyway...what's the point of an NDA if you're planning on executing your idea no matter what?


This is really the truth as far as control goes. I find myself getting paranoid sometimes, then I'll go do something that basically copies someone else's great idea and I realize it's competition. It's what business is all about and it's hypocritical of me to model after an idea but not want anyone else to model after mine.

An idea is worthless. Executing it an putting your own style and abilities to that execution are what makes the product valuable. Even then, you need to remain competitive and work at retaining your foothold.
 
Exactly, Blonde. There's going to be competitors wherever you go.

It's about as annoying as people who think an idea isn't good because people are already doing it and they think that's too much competition....wtf? That means it's a good idea! The chances of coming up with a 100% unique idea and having it take off are very, very, very slim.

Your best bet is to see something that works, and do it better.
 
I knew you would post in here. Thanks Blonde. True. Remaing competitive, retaining the foot hold and out working everyone else is the key.

Thanks to all who posted. All was helpful and opened my eyes.:)
 
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NDA's are how you approach investors. Non-Compete's are pretty much worthless in CA. It's kind of a catch-22 in a lot of ways if you're talking about partnering with people. If you see something that no one else has seen I'd be amazed. Probably people have seen it and not pursued it for one reason or another. The typical one for most people/businesses that know what they're doing is not enough time, man power, money or knowledge. Good ideas are great, the implementation of them is a whole different story.

I get approached with good ideas all the time, not bragging just saying that as a lot of people know I can help them get them done or at least give them guidance. And truly there's a TON of great ideas and growth to be had on the net, much more so then the rest of old world commerce in my opinion. A lot of things can be totally automated with a mix of labor, coding and relationships, where the cost to create the same idea in an offline space just wouldn't be cost efficient. For example using a call center of 100 people to cold call for mortgages. Now how easy is that to scale? Not to huh...

I guess my thing is I share a lot of stuff with a lot of people because I know 99.9% can't or won't do it. Yes you have to be careful and everyone thinks their idea is the million dollar one. But find some people you can trust and bounce ideas back and force with them. This is what works for me, build yourself a mastermind group as Napolean Hill calls it. They'll help you decide whether what you have is viable and what the loopholes or issues with it might be. Find people that understand different things that you do like financing, domains, servers, coding and production, labor, etc etc.... Then you have a strong group of peeps where everyone can bounce ideas off one another. Just my 2 cents.

P.S. When if comes to patenting an idea it has to be VERY specific, especially in technology as things are moving so rapidly. Almost all the time it's not worth it or someone else is doing it and you just don't know.
 
Thanks for the thorough reply Smax. As you know this is something that if your doing big things, you're going to run into regularly.

I agree with the ideas and implementation. Most all ideas, inventions etc. are just new and better versions of the mouse trap. Most everything has been thought of and is being worked.

I have ability to se what the masses don't see. I look at my business in specific and I use my 8 years in the business to analyse daily and find solutions to the problems that the industry is facing, where is it going, what's the next big thing, how can I make money during this next big thing or niche etc.

I research for weeks before I even think about launching anything. I study the serps, domains that have been bought etc. yes, there are people in this arena but there are NO BH or agressive campaigns being pursued. I can tell by all the keyword domains available. To me that is a HUGE sign that this is wide open Smax. What do you think on that simple formula to see if other BH or serious thareats are on to a niche? None in serps and keyword domains not snatched up.

My problem would be exactly what you are talking about in regards to coding, domains, labor etc. Most everything I do is on my own 100%. I have been successful with very little tech knowledge. Not rich but I know with the right team "Mastermind group: That it could explode into a whole new stratosphere.

But I also could add value to guys like you and provide the support behind the SEO efforts that supply the traffic and automation. A group where we could all be local, surf, trust, make money and ride the wave a busines over the next few years.

My biggest issue is that I now know guys like you, Jon, SEO Mike etc. Great guys who know their shit and would be a hge asset to any venture but you guys have projects that your doing and are very busy. Which when you're good at what you do, you are in high demand.

I concur with the 99.9% of the people you share ideas with wil not implement them or do not have the skills to, so there is no wories. My problem Smaxor is that I don't want to talk with the 99.9%, I want to deal with the .1% like you who could pretty much crush competitors like me. That's who I want to be in a mastermind group with. So, that's where I get hesitant.

I know I need to earn my stripes, trust etc. I know the value of knowing the right people in business that you can trust. It's priceless. WF has that talent pool. I knew that from day one. Yes it's what you know that takes you places but it's who you know that will launch your ideas to huge heights.

My idea Smax has been bounced with some serious players in my industry. My non-tech friends believe 110% in my vision and are here to be the support and back end like you mentioned a call center, processing etc. if neeed be. What I lack and they do is what guys like you can do. They know that, I know that. Time is of the essence for this project.

What would be a simple way to see if someone you are approaching is pursuing your idea? A questionaire?
 
Non-comps will work in CA, they just don't have much teeth.

And yes, NDA's may be worth your time - although the real issue is simply to dish out enough information to get someone's insight without giving away the whole enchilada. Working only with people that you know can be trusted (either through previous working relationships or by trusted referrals from friends and colleagues) is another way to gain at least a greater level of trust that the idea won't get sharked.

The reality is though, that even with an NDA, a noncomp, and all the other legal protections in the world - if a good idea gets "leaked" there's not much you can do with it.

Thats why picking quality partners and employees / contractors is clutch.
 
BYA - I see you still haven't grown any hair on your balls. Still worrying and whining about things you have no control over :)
 
Today is a perfect example of ideas being stolen. Burned by what I think are good members here. I can't verify yet but my gut does tell me so. Deling with affiliate companies that will see what you do, copy and cut you out. Yeah, you get burned by affiliate companies people. Don't think that they are not competitors. This is why I hate middle men.
 
BYA - I think you just plain old have to trust people or not.

I had a conversation with smaxor and asked for his help. I had a choice - either trust him and tell him everything he'd need to know to help me or be worried he was going to "steal" my ideas. I chose to trust him. I read his posts here and I went with my gut feeling about him, which is that he's a smart, trustworthy guy. Besides that, he's a player. If he wanted to crush me he could.

It's a chance you take, and if you don't take risks you'll never get anywhere. I've been screwed over a lot, so I don't flippantly trust people...but on the other hand I've gotten just as much (actually more) help from people that pushed me further on my path.
 
Fucken funny. My balls are on ur chin so you now are a woman with a goatee:xomunch:

99% of the people out there have no vision or can't come up with an original idea. Thats a fact and they will burn you for a few extra bucks any day. Even people making bank will do that. Another fact. Yes I have no control except saying fuck everyone and do it all my own. That way I win or lose it's on me.

In my previous life I had a motto, TRUST NO ONE, when I did, it almost always proved to be my demise over time.

The facts are that 99% of the people can't be trusted and finding that 1% is futile.

BYA - I see you still haven't grown any hair on your balls. Still worrying and whining about things you have no control over :)
 
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