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 (41-50)
Joanna:
As an IP attorney, it appears (I would need additional information to confirm) that you have claims against your competitor for trademark and/or copyright infringement. A trademark infringement claim may be available even though your d/b/a/ may not be registered with the USPTO. (See sec. 43(a) of Lanham Act - 15 U.S.C. sec. 1125). There may also be state law claims for harassment.
I hope this helps.
I have the experience of pubishing a newspaper for Seniors as created advertisements in my Relocation magazine called Sunbelt N.W., here is what I did: 1) You can copywrite your material by making that statement:No reprint or copy of this material may be obtained without the author written permission. The symbol is a circle with a c in it. A little circle with a "c" in it should be a heads up. Janet Silvers, Citylight Financial.com Look up copy writing laws on Google.
I'd call a broker and have them make an offer on his company even if he isn't selling. Unanimously. They will have a lot of time and effort in prep work as far as coming up with fair market value. More than likely the weasel will get all excited about it and you can keep them busy with all of your requests for information. After you wear out the weasel, you simply have a change of heart. It's been done....time and time again. It beats calling in Bruno the leg breaker, right ?
Besides the 'Cease and Desist' approach, which I believe makes a lot of sense, you can also Copywrite your printed material and a violation of that brings consequences to the offender. One 'trick' that works when a longer ad or copy is involved so that the 'trick' is not easily caught, is to take a work and purposefully misspell it. Nothing big, just take and i and an e and reverse their position. It is easy to miss such a word and if your copy shows up elsewhere, containing the 'trick' you have grounds for legal action.
Dear SOS,
I am an intellectual property attorney. I cannot comment on the opinion from the other attorney you mentioned, but seems to me like there would be potential legal remedies available for your situation. As in every legal matter, the devil is in the details of your specific situation. It would be improper from me to offer advice on a public forum to your situation and I would need to know the details of your specific matter in any case. In general, your brand and the trademarks and service marks that represent your brand can be and should be registered to give your claim some clout. Also any media/content materials that you put out could be protected by copyright. If you competitor is misusing your trademarks or is copying your marketing materials then there is the possibility you would have valid trademark infringement and copyright infringement claims, as well as possible unfair competition claims. P
Regards,
Steven Mancinelli
Dear SOS,
Unfortunately, I have experienced the same problem. A competitor went as far as trademarking my 26 year old company name claiming it is the name he does business under! It’s a lame attempt at trying to take advantage of a lifetime of hard work, expertise and industry recognition. It truly shows lack of business ethics and integrity. I, like you reached out to an attorney who offered little assistance. My advice is to continue doing what you’re doing. As Oscar Wilde said, “Imitation is the sincerest form of flattery that mediocrity can pay to greatness.” From personal experience, I know it offers little consolation, but he wouldn't be copying you if you weren't doing it right!
Work into your advertising this statement, "Why settle for the carbon copy when you can have the original genuine item"
I had that happen when I had my business. I find that when someone is that desperate to steal your material that they will not be successful. It may seem scary and worrisome but in the end it catches up with these people. Copywriting your material is a good idea but I wouldn't worry and just move on. Sheila
If they are using any of your photos, that in itself is a copyright violation. Even if you just snapped a quick photo on you phone, a photographer has an automatic copyright on an image. With that automatic copyright, you can legally stop them from using the image. However, if you have registered the copyright, which is not a difficult or expensive process, you can also sue for damages, which can be substantial. If a professional (or anyone else) did your photography, they own copyright (you have paid for usage rights and do not own the photos) unless they specifically transferred it to you. In this case, your competitor may be violating the copyright owned by the photographer. Of course, I am not an attorney so please run this by a your lawyer. Good luck!
I agree with both Sofi and Abel. I would contact a different attorney to get a Cease & Desist letter. That attorney may also have other ideas to stop these unethical business practices. You might also file a complaint with the Better Business Bureau. I also agree that by making yourself an integral part of your marketing materials, the competitor can't become you!
In regard to Sofi's ideas, when we do something distinctive, it indeed sets us apart. I encourage you to set yourself apart from any competitor by doing something your competitor can't do.
You may also be able to write a letter advising any organizations of which he is a member about his behavior. Also, you might consider doing some research on him and find out other groups/associations/organizations he is a member of and file a complaint, including with the state's attorney general, about his unethical business behavior.
lastly, you might interject some humor into it as has been suggested. Remember the battle between Hertz and Avis? Avis capitalized on it saying "we try harder" and looked like the underdog. Everyone cheers for a championing underdog!