Stephane Dion and the Liberal Party have offered up such a terrific example of what can happen when you don't do your homework, that I couldn't resist. Their widely publicized plan, The Green Shift, may well get its time in court as it flies in the face of trademark, copyright and intellectual property laws.
Green Shift, a company in Toronto, has been around for approximately 10 years. So even if they never trademarked the company name, there can't be any question that it belongs to them. Perhaps the most irritating part of the story is that the Liberals were aware of this company and went ahead anyway. There is something grossly arrogant about thinking you won't get caught.
For small business, it is key to do your homework about all aspects of marketing your business. If you are incorporating, you must do a name search but when you are a sole proprietor, you can get away without one. But to save face and potential court and rebranding costs, you better make sure no one else is using the name.
Imagine the embarassment when your new business customers are suddenly faced with a new business name; and even more so when the explanation is that you didn't do your homework. What does this do to your business' credibility?
Keep in mind that your customers do business with you because they have developed trust in you. If you have so little respect for your business that you don't do your homework, why should they have respect for it?
And doing your homework isn't limited to just your company name or slogan. It pertains to how you market yourself. Learn some of the basics of marketing law. And then, for goodness sake, abide by them. Just because you see big companies flying in the face of good marketing laws, doesn't mean it is the right answer for small business. They can afford (apparently) the fines and loss of face. Small business can't.
Learn what your competitors are doing and saying. Then stay away from those things. Not only do you eliminate the risk of a lawsuit regarding intellectual property or copyright, but you also have to spend some time thinking about how you are unique. This helps you stand out from your competition because you aren't using their words and actions.
Don't take the lazy way out. Have the same passion for your homework as you do for making sales.
Subscribe to:
Post Comments (Atom)
2 comments:
I understand the moral position, but there's no way the policy idea will be confused with the business, which legally is the issue at hand.
And, frankly, the 'Green Shift' phrase has been in use politically in green circles a lot longer than Jennifer's business. One fellow green identified it in use in the 1980s. If she didn't want to run the risk of identifying with green policy _she_ should have chosen a different name.
Thanks Anonymous for your comment. With enough promotion, there is little doubt that the policy would be confused with the business. And heaven knows the Liberals are spending a great deal of effort to promote the plan.
But that is not the point. I would prefer not to derail the actual issue I am speaking to by making this a political discussion. And whether the phrase "green shift" has been used politically, it didn't have wide spread usage. The awareness that the Liberals had of Jennifer's business and going ahead anyway remains arrogant.
Post a Comment