: Can I steal someone else's idea? I'm from Ireland and I want to set up an internet radio station. I thought of a good name but someone else from Ireland is planning on using this name. They

@Vandalay111

I hate to say this, but Jeff Atwood's blog about this. Pretty much sums it up for me.

This is of course beyond the legal aspect, so the real question is can you?

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@Mendez628

This is a really bad idea both from a business and legal perspective because:


This is likely to get you in a situation your radio station has the same name as another radio station, this is likely to confuse visitors, make it harder for you to rank first on Google for your name and it can ruin your reputation if the other station does something bad.
Even if there's nothing wrong with it legally (I said IF), there is nothing stopping them from sending you legal notices, threatening to sue or suing you, even if they have no way to actually win you still have to pay a good lawyer to defend you.

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@Cody1181609

It'd probably, ultimately, be cheaper to haggle the price of the domain with the owner than it would to be to hire a lawyer.

Have you asked the domain's owner if they're open to the idea of selling?

(Also, you know that Federated States of Micronesia would be happy to sell you a .fm domain, right?)

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@XinRu657

Disclaimer: I'm not a lawyer, and this is not qualified legal advice.

Johnny, first off, if you're seriously considering this, then go see a good lawyer. And be sure to consult with a lawyer who specializes in business and/or immaterial property laws; and not, for example, a divorce lawyer.

Before seeing a lawyer, you should read up on the basics so that you can be more efficient when meeting the lawyer, and you'll require fewer (expensive) billable hours. Here is a mini-overview of the different types of immaterial property laws to get you started.

You're not stealing their idea; and even if you where, ideas cannot generally be protected legally. If anything, you're building a company that might be at risk for a trademark dispute, and could potentially lose the right to do business under its name.

If you go ahead -- and just to be clear, that might very well be both possible and smart -- then be sure to get the trademark on the name. Trademark it both in Ireland and in the EU while you're at it. Having the trademark is not a 100% guarantee against future problems, because trademarks can be revoked under certain circumstances, but it is the "legal high ground" if it comes to court proceedings.

My advice would be:


If you can get the trademark, proceeding may be an option. Consider the alternatives, and discuss your exposure with your lawyer, but it is doable if you want to.
If you can't get the trademark, then absolutely don't do it.


One last thing -- have you thought about contacting those other guys, and maybe do a joint-venture with them instead.

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@Speyer207

It depends if they have a TradeMark or Registered Company Name, otherwise there is nothing legally stopping you.

In answer to your question though "Can I steal someone else's idea?" that is something that falls under Patent law, with regards to content then its under Copyright.

Wanting to set up an Internet radio station is fine, although if the other station actually gets larger, with the shared use of one name it will cause confusion; and if, in retrospect it is the one thing that holds you back from getting big, well you'll kick yourself for not avoiding it.

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