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 (21-30)
Lawyers actually do not study Law. I've visited "law schools", I know. I would advise you contact someone who has studied both Law and legalities. On your own, you would probably not recognize these people, because you don't even know what you are looking for.
Things have been so taken over by the current regime of the last century that few know admiralty or international law or common law, their principles & methods.
If you want to be competent in the arena, you are going to need to start learning these basic business principles.
Be flattered when this happens but do not let if affect what you do and more importantly do not let it become EGO in your mind. Stay your course. The unique YOU that all your clients, colleagues, Centers of Influence value you for what you do, how you do it and your person. A PERFECT recipe for continued success and growth! Congratulations!!!!
Sofi is right on, getting into a battle with a competitor will not help you or anyone. Focus on what you do well, over-brand yourself, your company and what you do well. Make sure your logo and message are clear. Make sure that you put your specific logo in front of your customers regularly, thru mailing, emailing and/or social media. When you are good at something you rise above the others.
I agree with finding an attorney who will at least send a cease and desist letter. It's also a great idea to do a little revamping and take advantage of the situation to create new attention on your company, thus new business.
I guess a statement on your ads that say your competitors are copying your ideas must mean you are doing it right.You may buy the original or a copy. I have never found it cost effective to spend my time concerned with such things except in face to face conversations with my customers. I figure they beat me once by stealing from me. I won't let them beat me twice by spending my time thinking about it.
After reading the entire question "and scenario", the first thing to do is cut off the person that is taking advantage of you. Ultimately you want to personalize your marketing to the point it is about why someone would "want to do business with you". I'm in an industry that is not regulated, so my marketing efforts are spent on educating potential customers/business partners "Why Shaklee". It is also critical to develop the trust and confidence in me with the person I'm engaging with. Pura vida, Pete
What is your "core competency", that is, what do you or the business do extremely well? Please note a core competency must by unique to your particular business, it must be difficult for others to duplicate, and it must be externally noticeable to others. Once you identlfy your core competency, you must use this in your marketing message(s) to differentiate from the competition. Augment this with customer testimonials that support your core competency, and it will be difficult for your competitor to copy your marketing message. One last comment, always focus your energy on those actions that you can control and that directly impact your business. It is good to know your competition, but you can't control what they do, so don't waste energy worrying about them.
Unfortunately, your attorney is right. You can trademark a logo and you can use patents and copyrights where appropriate but ideas can be stolen. Market yourself. An idea is only as good as the person who implements it. If you created it, chances are you're the better person to implement it. I create and sell ideas. Hold something back from your publicity and present it to prospects. Then they will know the true creator behind the idea. Don't let your competitor get the best of you. Competition keeps you alert and creative. Good luck.
This sounds like a frustrating situation but don't let it affect how you conduct business. Focus on the things you can control and do the right thing regardless of what others do, don't let that be the bar. Whatever you do don't stoop to the their level and always maintain ethical standards.
I had a direct, in market competitor posting fliers in my parking lot on my member's cars for their competing health club. I called the owner, introduced myself, and let him know I would never allow my employees to market in his "backyard". I then asked him to do the same and he shared that he appreciated my call and we never had another issue. If you haven't already done so, ask to meet with the owner and share how fighting between yourselves doesn't improve the public's image of the business or industry.
Good luck.
I whole heartedly agree with Sofi and Abel. He cannot copy YOU. They have great suggestions. I would just add that you provide awesome customer service to create raving fans who will gladly refer new clients to you. There is an abundance of customers out there. Focus on how you do your job better and they will come!