Dear Abel and Sofi: How Can I Stop My Competitor From Stealing My Ideas?
About Dear Abel and Sofi: While our Q&A Forum addresses 1,000+ public questions weekly, we wanted to give our small business owners an outlet to anonymously share the kinds of frustrations, fears and private struggles few people express openly. Father-daughter duo Abel and Sofi co-author the column, bringing diverse perspectives to both professional and personal problems. A serial entrepreneur and counselor, Abel, 65, is known for his empathy and his uncanny understanding of many issues. Co-owner of a salon, Sofi, 28, has a younger, more candid approach to life’s challenges. To submit your anonymous questions, click here.
Dear Abel & Sofi,
What advice do you have for me when my competitor is after my ideas? He uses my company name in a twisted way in advertising to promote himself. I spoke to an IP attorney about it and he said there is nothing I can really do about it. To say the least, I think that is very unfair.
I spend time and money to create marketing collateral. I spend hours, sometimes days, thinking about what I want to "create," "design," and "present." Then I spend more time to develop my creation and I usually produce attention-grabbing material. Next, he copies and posts my collateral on his online platforms.
He constantly sends me fake quote requests and does not stop his other nuisance time-killing spying attempts (like multiple phone calls per week). There is more... But let's just suffice it to this.
What advice do you have for me??
SOS, please!
ABEL: Dear SOS, Thanks so much for reaching out. God knows, it’s hard enough to run a successful small business without a competitor using your creative for his promotions! Frankly, this situation is bordering on insanity at this point. (I’m not saying you’re insane, of course, but I am saying this would make me crazy, personally).
We’ll talk more about your competitor in a second. But first, let’s start with the attorney. Now, I’m no lawyer, but I can’t imagine why this one isn’t at least issuing a Cease & Desist letter for you. That’s usually what happens in these situations and sometimes that note alone – on a lawyer’s letterhead – is enough to get the offender to stop being offensive. So my first suggestion is to talk to another attorney (or two) about it. (As an aside, we might have a few attorneys weigh in below in the comments. Depending on what they say, you might find some other people to hire to help you).
Regarding your marketing collateral, I know how much time and effort that takes to produce. As a small business owner, you’re putting your heart and soul into those pieces. To see them converted into something your competitor uses is beyond outrageous.
That said, let’s take a moment to look at the situation differently. In fact, some problems force you to come up with solutions you would never usually consider that could turn lemons into lemonade.
With that in mind, have you thought of this as an opportunity to truly promote not only your services, but yourself? I know many small business owners hesitate to promote themselves, but in this case, it might be another line of defense.
Hire a professional photographer, get a new haircut, tap the services of a makeup artist and get some new outfits. Take half a day and make sure to have a fun and productive photo session wearing many different clothes. Then include your new, very professional image -- front and center -- in many of your materials. Make it impossible for the competitor to edit you out of these promotions.
Ultimately, it’s your talent, education, personality and everything else about you that truly differentiates your business, so don’t be shy about showing everyone who they’re about to hire. (Unless your competitor has serious vision issues, I don’t think he’ll continue to use your materials to promote his business if your image is a major aspect of the design).
I hope your situation changes for the better very soon, through these suggestions and others that this column could inspire.
All the best, Abel
SOFI: Hi SOS, Ugh, this situation sounds like a real bummer. I’m sorry you’re experiencing this, especially since you’ve worked so hard to build your brand.
You’ve probably heard the old expression “imitation is the sincerest form of flattery.” And of all the businesses to copy, they picked yours. They want to emulate your brand, because they are threatened by it.
I’d use that to your advantage! Revamp your marketing materials, so they showcase what sets your brand apart from the imitators (which is a great way to call them out in a subtle way). You are the key factor that makes your company different, so be sure it’s clear exactly why you are unique by illustrating your years of experience in the industry and proven track record of success.
While they can copy your marketing materials and slogans, they can’t copy you, your staff, or the experience and results you deliver to your customers. Instead of focusing so much on what they are doing, spend more time concentrating on what else you can do to really set your brand apart.
Update your services, try out new options to help optimize the return you give your customers, and make sure your customer service is always top-notch.
Finally, use your customers to your advantage by turning your happy customers into your biggest advocates. Have them create video testimonials and make sure they call out you and your team by name. Encourage them to write reviews for you on Google, Yelp, Facebook, and, of course, Alignable, too. These testimonials and customer experiences will set your brand apart - not a billboard or TV ad, so make sure their voices are heard.
Wishing you lots of luck, and success, in the New Year!
Cheers! 🥂
Sofi
Comments (1171-1180)
I think I might be tempted to call attention to that competitor while not directly naming the company — possibly the town? — briefly explaining the problem and their lack of ethics and asking if this is really a company they would prefer to dealwith.
Do it First !!!
Would * be doing it
My added recommendation to Abel's statement on talking to another lawyer is to discuss your situation with an Copyright/Patent Attorney for guidance. You may want to contact your local Small Business Development Center for assistance.
Lawyers don't know everything take records n record his actions then give him the opportunity to stop . If you can handle another year . Then go to the Police and have him arrested. When tags clear ,can help you get back Up on your feet
dwell on you and your business, if your always worried what hes or shes doing you'll miss things at yours.I focus on my quotes and client satisfaction , copying you means your doing something right ...
Absolutely the case. Consider yourself a trend-setter. I have had to encounter very similar issues. People may try to emulate, but it's really you that cannot be copied so effectively. I am the founder of a community-based outpatient treatment program in Brooklyn, New York called One World Counseling. I was the first one in the region of Southern Brooklyn to have a vision and guiding mission to deliver services in a variety of foreign languages. My agency became singularly know for this in the area and beyond. Now I walk down the same street where my agency is located and all types of businesses have signs in multiple foreign languages... !! This was NEVER the case before I went public with my agency. I can only hope that they are as sincere and successful with that vision as I am with mine. Keep up the good work! We are needed in today's day and age.
Hello Joanna! I just read and responded to your question about handling your business and health issues. Just read this post and although I actually had an idea that your concern was possibly caused because of a competitor like this, and why you were hesitant about involving help, and why you do not find it easy to trust others with your business and what causes you such dire distress. You cannot let that be a concern or reason to disregard your health unless you choose it.
As you may know, you cannot control someone else, especially someone who chooses to be unethical and without integrity. That is their business and you know you are not like that. You have nothing in common with that person. You just want to provide a good service, and the best service. If you become angry or seek revenge, it will not affect him, because obviously he doesn't care. And,it will only make it worse for you; healthwise and take away your peace of mind in order to get well. You have built a business and have loyal customers. The ones who stay with you do so because they know you are the right person to trust and be with. Let the others go. I know, it is hard to let go. There are a lot of people who need these services, so do not feel that the supply of clients are limited. As I mentioned before, use your contacts, ask for referrals and those who could use your services, or people that they work with who have similar values to yours and not trying to reap the rewards of what you have worked so hard to build.
Make a list of what discerns you as the person to go to. Make a list of what you offer and why your business is the best. Tell Your story of your challenges and how you overcame and accomplished what you have and how you used your determination to get past your obstacles and it will help others who are facing the same situations to find hope and trust in what you have overcome. My friends did not like to give up their reading, or not be able to see their recipes, or read emails or letters they received. They wanted suggestions on making their homes safer. They are like you and they will like you because you understand better than your competitor what they are going through. Their testimonials on how you have helped them can encourage others to not give up hope and to choose you. I know you can make life better for you and them.
Competitors are only competitors when they are vying for the same immediate location and market. Expand to untouched territory, unlock new niches, put your competitors out of business by over or out performing. Make sure your place of business and all your products are highly secured and insured so your products do not become your competitors. There is one deer in the wilderness to get someone through the winter and not another for 1,000 miles; you have traps he has arrows, or you have arrows and he has traps. If you or he steps on a bear trap someones ass becomes stewing meat for the pot. We could always call up some wise guys, Tom, Dick or Harry or perhaps Guido the killer pimp has more enlightening solutions ahahahah kidding. Place their shoe on your other foot; is their business insured? are their products secured? I am by no means endorsing or encouraging espionage or any criminal activity but realistically unethical business practices, sabotage, forced buy outs and company take overs have been common practice since businesses began and will be going on long, long after all of us are gone. Perhaps highly ethical business practices are over rated and holier than thou mentalities are inevitably humbled. It seems to me 99.99% of everyone successful depends on presentation and .01% bullshit = 100% performance or lack there of. NOTICE: VARIATIONS WILL APPLY DEPENDING ON THE INDIVIDUALS IN QUESTION. AHAHAHAA Just finished watching "The Condemned" 2007 Starring Steve Austin; now there's a man who knows how to put scumbags out of business.
Childish and simple answer but... fight fire with fire. Not in copying what they do, but find a way to be a bigger neusance. Something that hits them in the pocket, fines, reporting shady business practices, trying to see if their books are in order, a hefty audit never hurt, just think like a super villain for a second. If being the hero doesn’t work, be the anti-hero instead. Work their names or even their likeness into a similar slanderous way as to call out “your competitors” (i’m sure when saying that line and having an exaggerated likeness of said competitor would make them furious the be made the butt of a joke) Then while he’s jumping through your hoops, you do a completely new campaign and set it up to release faster than he can reproduce. Worth a try while awaiting the legal stuff 😈