Entrepreneur
It’s true that imitation is the sincerest form of flattery, but when it comes to your brand, it can also be the biggest headache. It’s wonderful when your name is synonymous with quality, integrity and trustworthiness. You’ve worked hard to get there. Unfortunately, unscrupulous people can see that as an opportunity to cash in on your hard work.
I experienced this firsthand when unethical individuals copied my moving company’s name and branding. They saw that we had top reviews, a beautiful website, praise in the media and decades of experience under our belt. So instead of starting their own moving business, why not pretend to be part of this reputable company? Obviously, it’s a crime, but it is extremely difficult to fight.
So how do you protect your company’s brand name from copycats? First and foremost, you need to make sure it doesn’t happen in the first place by proactively policing your brand.
Related: Should You Call Out Your Copycat on Social Media?
Policing: Actively monitor your brand
1. Secure trademark protection and monitor it
Hire a trademark attorney to register your brand name, and make sure your name is unique and not used by others — this is crucial to protect your brand. If you can’t legally enforce your brand and protect all your hard work, stop reading this article and call your trademark attorney now! And, once your trademark is in the process of being registered, return here.
Regularly monitor your business name and related keywords using Google Alerts, GoDaddy or a similar brand monitoring tool. Your attorney can also monitor the trademark registry to watch for other companies who are attempting to register similar names in your field. For example, I receive a morning email from GoDaddy that lists all the registered domain names that include the keywords I’m monitoring. Reviewing this list and seeing if there are any red flags is part of my morning routine. If someone were to register a domain name like NorthStarMovingpromovers.com, obviously, consumers are going to confuse that company with mine. Once I discover a company using a name that might confuse the public, I send it to my team to begin researching the company and put a domain name watch on it.
2. Monitor social media and online reviews
Monitor social media to watch for imposters or infringers using your name or logo. Respond to all reviews, even negative ones, and ensure that the reviewer actually used your company. Misattributed reviews can signal trademark misuse.
Reach out to the confused reviewer and learn all you can about who they actually did business with. Help them learn how to report the imposters to the authorities in your field and law enforcement. Be sure to document this because it’s going to be the smoking gun in a lawsuit when you’re trying to prove the actual confusion in the marketplace. The infringer may also start their own Yelp and Google profiles. Consumers then go to those profiles thinking they are reading about you. This can greatly damage your business and your relationship with Yelp and Google, who may fail to see that the infringer’s profile is completely unrelated to you. Document and report it to Google, then turn it over to your legal counsel for outreach to the infringer to get them to close their profiles. Monitor through your customer service software. Are you getting calls or emails from consumers who have mistaken you for someone else? Big red flag.
Related: How Your Small Business Should Handle Copycat Competitors
3. Train your sales team
Ensure your sales team can educate potential clients on spotting and avoiding fraudulent businesses.
Even with these critical policing steps, crooks find a way. We were tipped off to one of the worst violators we ever had when a distraught retired school teacher called looking for a refund for a deposit on a move that she thought she had scheduled with us.
She was not our client. She had not given the deposit to us. She had given someone posing as us a deposit, and they had taken the money and ran. If we had just waved her off, not only would we have been unkind, but we would have lost the opportunity to see all her paperwork with the infringer. Instead, we helped her report them to authorities and helped her get her money back. Her report and her paperwork helped us secure a multi-million dollar judgment against the infringer and helped the attorney general in her state file another lawsuit against these crooks.
If this sad occurrence happens to you, take the following actions.
Protection: Steps to address infringement
- Investigate thoroughly: Investigate the infringer by examining their social media presence for clues, verifying their license details and analyzing their website for similarities. Identify any other names they operate under and determine how long they have been in business. Research the individuals behind the company. Establish where they operate, as geographic distance doesn’t guarantee safety; they may expand or already be misleading your potential customers. Securing territorial rights early can help prevent future conflicts.
- Document everything: Take screenshots of websites, ads and posts as they can quickly change their online presence. Keep a detailed record of all infringements. Include client name, date of service, scope of services, client experience, etc.
- Take legal action via cease-and-desist: Consult a trademark litigation attorney and issue a cease-and-desist letter outlining instances of misuse and demanding the removal of infringing material. If the infringer refuses to comply, escalate the matter by working with advertising or hosting platforms, which may require a court order. If necessary, pursue legal action to enforce compliance.
Related: What I Learned From Being an Accidental Copycat
Stay focused on your objectives throughout the legal process, despite the frustrations, financial burden and challenges. Your primary goals are to stop the infringer from using your name, gain control of misleading website URLs and ensure they remove all listings on platforms like Yelp, Google and other review sites. Require them to rebrand their trucks, materials and advertising, cease answering calls under your name and compensate you for lost business, reputational damage and legal fees.
This all requires a huge amount of your time, your attorney’s time and your money. Put left unchecked, an infringer can cost you your entire business. It’s certainly not easy or enjoyable, but it’s vital to be vigilant, as your brand can be damaged instantly. By following these proactive steps to protect your brand and taking prompt action as soon as a suspicious character pops up, you can shield and defend your hard-earned reputation. After all, your reputation is everything.
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