Someone Copied Your Framework? What You Can Actually Protect (and What You Can't)
A former student launches a program with your steps, your order, and your promise under a different name. Before you post a callout or call your lawyer, find out which kind of problem this actually is. Attorney Tamsen Horton explains why you can't own the idea behind a framework, and the three things you can protect: the name (trademark), the way you've written and presented it (copyright), and what the other person agreed to in writing (contract). A broken contract is the sharpest knife of the three, and it only works if clear purchase terms were agreed to before someone went behind the paywall.
THE ALARM
A former client or student launches something built on your structure. A contractor who helped build your course starts teaching their own version. A competitor's sales page matches your process almost step for step.
REACTING OR RESPONDING
Reacting: assuming any similarity is illegal and posting a public callout, or assuming a new name makes copying safe. Responding: knowing what you actually own, having it documented, and getting an attorney's read before you accuse anyone out loud.
THE DRILL
D - Don't react. No public post, no angry DM. You own the name, the expression, and what's in a signed agreement, not the idea.
R - Record everything. Dated screenshots with URLs, dated drafts, and whatever they agreed to. Keep a paper copy of anything that could bring down your business.
I - Identify the real risk. Trademark, copyright, contract, or no claim at all.
L - Lead with calm. Attorney's read before any public accusation.
L - Lock in the lesson. Put protective language in place before the next person gets access.
THE THREE TOOLS
Trademark: protects your name, logo, and slogan. The question is whether the public is likely to be confused about who is behind it. Search before you choose, and registration is stronger than use alone.
Copyright: protects your specific expression (words, slides, workbooks, videos), not the idea. Enforcing it is expensive and intense, and in the U.S. you generally need to register before you can sue.
Contract: protects what the other person agreed to. Written purchase terms agreed to before access set the rules of use for a publicly sold course. It only binds the people who agreed.
THE FIRE EXTINGUISHER
- Name your crown jewels.
- Search, then investigate trademark for your core framework or brand name.
- Put clear written purchase terms in front of every buyer before access.
- Get confidentiality and ownership language signed by contractors and team.
- Keep dated development records.
YOUR NEXT RIGHT DECISION
Do nothing, put the drill in place, or send this to a friend building a name around a brand or framework.
HOMEWORK
Write down your main framework's name. Is it protected, can it be protected, should it be protected? Who has deep access to it, and what have they agreed to in writing?
EPISODES MENTIONED
Fire Drill 2: Before a Cease-and-Desist Arrives
Fire Drill 16: Before Someone Copies Your Content
Fire Drill 18: Before a Brand Name Becomes a Problem (coming up)
Fire Drill 19: Before a Contributor Ownership Fight Starts (coming up)
Run the Smoke Detector (11 questions, about 3 minutes): https://www.tamsenhorton.com/business-fire-drills
Business moments are predictable. Panic is optional.
This is general educational information, not legal advice for your situation. Intellectual property and contract law vary; talk to an attorney about your specific situation.
