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how should I handle this?

Posted on 5/29/12 at 2:54 pm
Posted by lsufanintexas
Member since Sep 2006
5011 posts
Posted on 5/29/12 at 2:54 pm
We advertise here locally and I just picked up the newspaper and our primary competitor is using almost the same exact ad as us. Our ad has been around for a while now and he is just now advertising.

The same ad concept and layout is used except the company name, slogan(which is almost the same as ours though with two words changed), and contact information.

Any thing we can do or should we just suck it up?
Posted by OnTheBrink
TN
Member since Mar 2012
5418 posts
Posted on 5/29/12 at 3:08 pm to
Possibly unrelated, but I was talking to an appliance guy a few months ago and he used to go by "Accelerated Appliance". Well, a guy he worked with before he started his company was asking his advice on using the Yellow Pages and what not and he told him it was worth it. So what did his buddy do, started his company under the name "ABC Appliance". That pissed the guy I was talking to off that he was no longer "first" in the phone book so he went and changed his name to "AAA Accelerated Appliance".

I guess I said all that to say its just part of the game. Maybe spice your ad up a little bit, make it bigger, etc.
Posted by foshizzle
Washington DC metro
Member since Mar 2008
40599 posts
Posted on 5/29/12 at 3:12 pm to
Suck it up. It does mean your competitor thinks they can't do any better than your ad, so at least you're doing something right.
Posted by GregYoureMyBoyBlue
Member since Apr 2011
2960 posts
Posted on 5/29/12 at 4:11 pm to
quote:

Possibly unrelated, but I was talking to an appliance guy a few months ago and he used to go by "Accelerated Appliance". Well, a guy he worked with before he started his company was asking his advice on using the Yellow Pages and what not and he told him it was worth it. So what did his buddy do, started his company under the name "ABC Appliance". That pissed the guy I was talking to off that he was no longer "first" in the phone book so he went and changed his name to "AAA Accelerated Appliance".


Doesn't FedEx have a commercial about this
Posted by jmitc22
Brrrrr
Member since Jan 2007
1683 posts
Posted on 5/29/12 at 4:20 pm to
do you keep any records by which you could show a decrease in business since your competitor started running ads?

has any third-party brought the confusing similarities to your attention?

if you consult an attorney, you may be able to get an injunction against the other company's use of the ad or at least have the attorney send a cease and desist on your behalf to let the other company know you mean business.
Posted by lsufanintexas
Member since Sep 2006
5011 posts
Posted on 5/30/12 at 6:34 pm to
I could care less if this competitor uses a similar ad(as long as it is not a direct copy and/or does not infringe upon our trademarks) but what burns my butt is that the advertisement company we use recommended to this competitor that they use a similar ad as ours since we have been so successful.

Has anyone ever heard of such a thing? Why would you want to intentionally hurt one of your advertisers who has been with you for 2 years?
I could understand if it was a company in a different market category but not a direct competitor.
Posted by kaaj24
Dallas
Member since Jan 2010
608 posts
Posted on 5/30/12 at 7:57 pm to
If you haven't already, I'd talk to the advertising company about the fact it makes you uncomfortable. If you don't like their response consider taking your advertising business down the street.
Posted by Zach
Gizmonic Institute
Member since May 2005
112489 posts
Posted on 5/31/12 at 10:02 am to
I went into a drug store recently to pick up some Tylenol PM for the wife. I picked up the box and then noticed it was not Tylenol, it was a generic marketed by the store. I found the Tylenol and compared the boxes. They were identical in color and text size and design. Tylenol can't claim rights to a color or text size.

I would just complain to the company you're paying to advertise. I'll sure they will accommodate to keep your business.
Posted by Teddy Ruxpin
Member since Oct 2006
39582 posts
Posted on 5/31/12 at 10:05 am to
quote:

Doesn't FedEx have a commercial about this


If you have a phone book, open it up, the "A" section is pretty funny.
Posted by lsufanintexas
Member since Sep 2006
5011 posts
Posted on 6/1/12 at 9:55 pm to
So I solved my problem by buying out the entire category we are in within the mailer piece we are in and we have exclusive rights to it.

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