Advice

[anonymous]

Has anyone tried to copy your business idea and if so how did you handle it?
When we first started up, we got lots of compliments from someone in particular who raved about our site and what a great idea it was. Now we find they're basically building a site that is slowly but surely starting to morph into ours with all the same features but in a slightly different (and inferior!) way. Not only that but they've built a mailing list out of the contacts on our site, sent an email out to all of them which looked like it came from us and them, introducing their site. Now they keep emailing everybody advertising their site rather than ours.
What would you do?

[BellaMiller]

Are you able to speak to them?
have got anything like trademarks etc?
can you give a clue as to the kind of business you're in so we can be more helpful?

[Sarah]

I've just had a look at your website. It's a fab idea!

[anonymous]

Hi Alison,
Sorry I'm being a bit cagey as until we decide how to proceed I'd rather get advice without giving too much away. No there's no trademarks or anything as we don't have a product as such. We're an info/advertising directory style website - it's not really anything you can trademark. It's a bit complicated as the person in question advertises their other main business on our site and is supposed to be promoting our website in return for featured advertising but it's becoming apparent that they're now promoting their new site rather than ours.
The thing I'm most cross about is that we've never sent unsolicited marketing-style emails to our members (I don't like them) we have an opt-in newsletter and blog. The first email they sent had our website name and theirs in the title which has made our members think it's come from us and them. Now they're constantly sending out emails to the same distribution list they made by contacting all our members.
Originally they got us 'on side' about their new site as it was supposed to be just a forum but over the last few weeks it's becoming obvious that they're setting up in direct competition and actively trying to recruit our members.
I'm cross with myself because I trusted them and originally promoted their new forum without realising what they were planning.

[lajlaj]

How vile!! It is horrible when this happens, you have my full sympathies it feels like a real kick in the gut.

Are you a member of the FSB, if so I'd contact their legal helpline and ask for formal advice, or sometimes this is covered on your business insurance.

My gut is to send out a clarification email to all your members distancing yourself from these people. Something to the effect of:-

Clarification : Your site and their site

Please be aware that [your site] are in no way affilliated to [their site]. We understand that emails have been sent out insunuating an affilation, however, this is simply not the case. Please be aware that we take this matter very seriously and are currently seeking legal advice on the situation.

My concern for you is more on the data protection side, particularly with regards to this other company getting everyones email addresses. Again, I'd seek proper legal advice.

Sorry you are going through this, it is a nasty thing to happen.

[Katiequiggle]

Thats just nasty.

[diddlepops]

I've just had a look at your website. It's a fab idea!

How did you manage that as they were Anon - I knew you had magic powers Sarah! :cheesy:

Anon, I think its appalling what they are doing - if it was something you had exclusivity to you could go down the lawyer route but it would cost you!

Hope you can get it sorted amicably. As some hairdressers do, they send out a flyer to their regular customers stating that they have no affiliation with a former stylist if they move to another salon or something to that effect.

HTH

[BellaMiller]

I think Nadine's advice is great (as usual).
But now I've got a bit more of a handle on this...
Am I right in thinking that they have scraped your site for email addies and then emailed customers direct?
If so, I think they have broken a whole load of rules...
http://www.ico.gov.uk/complaints/privacy_and_electronic_communications.aspx
and you can make an official complaint... providing it isn't a business to business communication...

Don't let them get away with this and hurt your business - if they have broken the law...

[anonymous]

How did you manage that as they were Anon - I knew you had magic powers Sarah! :cheesy:

HTH

Because the daft person posting forgot to make herself anonymous the second time so my identity was briefly revealed! Thanks so much for your advice and comments everyone. Alison, thanks for that link, I'll look into it as they did take the addresses from our site and are repeatedly emailing our members. I'd rather sort it out amicably but now I don't trust them at all not to start undermining us on forums etc.

[knotjustjigs]

I've just had a look at your website. It's a fab idea!

How have you looked at the website Sarah? do you have inside info lol

Anon, have they just used a list of your members taken from the site?
I would be pretty miffed if i were you but not exactly sure what you could do about it although if they used my website name/logo in their emails i am sure you have a case to challenge them? have you had any legal advice on this?
Would it be worth distancing or cutting yourself off from this company and contacting all your customers and clarifying your position with this other company ?

Sorry waffling as its hard to advise when you dont know the whats and why fors ....

Ketty x

[Kelly Prosser]

Disconnect yourself from them by sending an e-mail to your entire customer database, explaining the situation, get it sent before they can send anything out about you.

Have you got trademarks?

If I was you I would take them to the cleaners, in most law suits all you need to do is explain how you had the idea. As the ideas where yours you should have no difficulty doing this, and it would soon become apparent (when they could not detail a design process) who’s ideas they were.....

Good Luck.......

[elkatie]

I think Nadine's advice is great (as usual).
But now I've got a bit more of a handle on this...
Am I right in thinking that they have scraped your site for email addies and then emailed customers direct?
If so, I think they have broken a whole load of rules...
http://www.ico.gov.uk/complaints/privacy_and_electronic_communications.aspx
and you can make an official complaint... providing it isn't a business to business communication...

Don't let them get away with this and hurt your business - if they have broken the law...

Totally agree. Those people gave you their private email addresses for you to know and use. But by taking them and using them without the consent of the owners they are breaking all sorts of privacy laws.

Good luck with sorting it out, your being very sensible in dealing with it with out rubbishing their name so I hope you get it sorted out in your favour very soon.

[anonymous]

Totally agree. Those people gave you their private email addresses for you to know and use. But by taking them and using them without the consent of the owners they are breaking all sorts of privacy laws.

Good luck with sorting it out, your being very sensible in dealing with it with out rubbishing their name so I hope you get it sorted out in your favour very soon.

Hi, I don't think we can do anything about the email addresses as they're viewable on our site and it would be classed as business to business communication. It's more how it was done & the way it looks to our members. It's also hard to be sure exactly who got the emails as they were targeted to a specific section of our membership we think. I'm torn between wanting to publicly make a point but not wanting to give the new site any more publicity than I stupidly have already.

[blush]

I had an issue a while back with a copycat, I have taken legal advice and simply biding my time before taking any further action. Thats only bcause our sales are through the roof and I don't have time to dwell on it or persue it at the moment .But I am watching and will take it further if need be.However I would not mention their site on your site etc, in fact ignore them .You don't want to give them any more publicity, but if they included your name on their emails they have in effect done some advertising for you!
I agree it stinks, but get some legal advice, and stay onestep ahead.Good luck
x

[Mary Poppins]

If they are a member on here, can't you name and shame them for doing this. If they were offering a service that you took up, it might stop other people falling fowl of them too.

I hope that you can get it resolved satisfactorily.

[anonymous]

If they are a member on here, can't you name and shame them for doing this. If they were offering a service that you took up, it might stop other people falling fowl of them too.

I hope that you can get it resolved satisfactorily.

Hi, thanks for all your comments/advice. I'm pretty certain they're not a member here. However they are on a lot of the other places I post and I know some people here know them and may even be receiving their emails! Sorry to be mysterious it's just I'd rather deal with it offline if I can as I hate seeing companies bitching about each other on forums, don't think it's ever productive for either party. It's not really a case of stopping anyone else falling foul of their service or anything. They run another business which advertises on my site, we've had an ongoing business relationship but now they've decided to set up another site which is in direct competition with mine and I'm just wondering how to deal with it.

[Sarah]

I do have magic powers but if I reveal any 'inside info' to you - I'd then have to eat you! Your secret is safe with me ****** :D
Sarah x

[Arianna]

No idea what to suggest really but maybe try contacting CAB or business link and seeking advice from there?

If you are a member of any sort of business association you should be able to get some legal advice from there too.

I'm so sorry this is happening to you. It isn't on at all. I really hope you are able to get it sorted out.

Arianna

[anonymous]

I do have magic powers but if I reveal any 'inside info' to you - I'd then have to eat you! Your secret is safe with me ****** :D
Sarah x

Thanks very much! This is the first time I've used the Anon option - I obviously need more practice!

Thanks again to everyone for their advice so far - it's great to use you all as a sounding board. I'll be able to stop posting anonymously soon once we've severed our current ties with the company in question.

[Slug]

Thanks so much for all you help and advice on this everyone. We've notified them this morning that we've terminated our ongoing business relationship and formally requested that they stop breaching our terms and conditions. We'll be keeping a close eye on them to see what happens next - could be interesting times ahead.
No longer anon!

[Black Cat]

Good Luck - sounds a horrid situation to be in.

[knotjustjigs]

Hi Gail, i had a feeling it was you hun, hope everything is ok now.

Ketty x

p.s i wasnt contacted by anyone ?

[Arianna]

Hi Gail,

I hope they stop misbehaving and start acting professional.

Arianna

[partybabe]

Aww hunny, have a feeling I know who it is, so sorry this is happening to you.

[Millymoosmum]

How horrible, I have had to deal with a few copycats since I launched my business and am actually keeping a close eye on someone else who recently seems to be coming up with very similar things on thier site. It's such a horrible feeling when people can't just get thier own ideas.

The advice you have been given by the others here is fab, I hope you get it all sorted out and it stops happening (((HUG)))