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