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 (31-40)
I would not worry about what the competition is "stealing" from you & you should be flattered that they are! In a nutshell, focus on what makes YOU successful (i.e. be the best that you can be at what you do)...that's all that really matters. The rest will fall into place. Don't get all wrapped up in fighting the competition as it is VERY counter-productive and will take you away from what you do best...running YOUR business. My ideas and successes have been highjacked by competitors many times over the years. It will consume you if you let it. Stay ahead of them with new ideas and niches in your market and " Do your job" better than they do...again, that is all that really matters!!
Mike
This brings back great memories. When I managed and Office supply manufacture we had a competitor who was beating us on bids by waiting until our bid was in and then coming in lower. Smart but we got them. On those clients we knew we didn't have a snowballs chance to win the bid we "low balled" the quote, knowing that the competitor would have to lose money to keep the business. After a while it worked and as the song goes, "Another one bites the dust". We just did the same with a competitor in our industry. They kept the business but had to bid below their cost. We will not have to worry about them next time. Which brings me to my next point. Clients ask me who our biggest competitors are. My answer is always the same. We don't have any. Either should you. If all you do is worry about your competitors it's like driving looking in the rear view mirror instead of the windshield.
I don't worry what my competitor does. I treat my customers like family and get to know them. When you make your customers feel like a good friend your business will take off. Word of mouth is the best way to attract new customers if you make them feel special they will buy from you no matter what your competitors does.
I like Sofi's advice, but would suggest using a tag or add-on, 'why bother with imitators, when you can work with the original (real McCoy,..).' Or, 'don't fall victim to copycats; work with the creators, first-hand!'
In fact, you may have additional, new prospects from those hit by the imitators - but ready to work with pro!
I have found my growth is where my focus is. If I’m focused on other people stealing my ideas, getting more business than me, than my energy and time is sucked into that. If I focus on abundance, what I have to give, how I can serve more people, and what I can create, my energy is spent in growth, building, positivity!
Use daily affirmations of, “there is enough for everyone in this world.“
“The people I am meant to serve will fall into my life”
“My ideas are unique and valuable”
“People need what I have to share”
“Abundance is all around me.”
Anytime those scarcity thoughts come, say one of these affirmations and ask yourself how you can re-direct your energy into a growth and abundance mindset!
Good luck!
The cheapest way outside of copyrighting any proprietary ideas is to print out a self addressed envelope, put your ideas inside and send by certified mail to yourself and of course it remains sealed, unopened. If someone steals your ideas you can prove that you have backdated the idea before you make it public on your website. This is the best way to have legal resource with little to no cost to you.
Everyone has something they do special. A secret sauce so to speak. What God has for you, is for you. Everything is copied. But you can’t copy genuine. Be genuine and loving to your customers. They will keep coming back not just for your product but for how you treat them. Customer service is dying. Give it rebirth at your company
We have had people spying on our studio/business. It is unfortunate but you have to keep plowing along. Focusing on you/your employees is a great idea! You cannot clone people and their personalities. Have fun with showcasing yourself/your team. Maybe even host a networking event at your space or out somewhere to be FRIENDLY. Kill em with kindness I say!
You mentioned that there is continual harassment by way of telephone calls, etc. Although the IP attorney stated that there may be nothing he can do (a cease and desist letter would not be appropriare unless there was a real basis for it), you might consider attempting to obtain a civil harassment restraining order based upon the ongoing course of conduct. I would need more information to determine whether this type of action could be successful.