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  • illegal or just unethical

    i heard today that a sort of competitor (slightly overlapping businesses) is using MY COMPANY NAME in his raadio spots saying, "don't call SewerSnake, call Curaflo"

    besides pissing me off i feel this is underhanded and (hopefully) borders on something illegal. i'm going to see a lawyer tomorrow. least case scenario i'll take his trailer jetter. best case scenario i'll sue the prick and pay off my mortgage, get a public apology, and see him rot in hell.

    sheesh, some peoples children

    BTW, i had considered him a friend until this

    steve
    In the never ending struggle to keep the water flowing.... The Poo Poo Cowboy rides again!!!

  • #2
    Re: illegal or just unethical

    That sounds illegal to me, hire an attorney.
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    • #3
      Re: illegal or just unethical

      Originally posted by stxrus View Post
      i heard today that a sort of competitor (slightly overlapping businesses) is using MY COMPANY NAME in his raadio spots saying, "don't call SewerSnake, call Curaflo"

      besides pissing me off i feel this is underhanded and (hopefully) borders on something illegal. i'm going to see a lawyer tomorrow. least case scenario i'll take his trailer jetter. best case scenario i'll sue the prick and pay off my mortgage, get a public apology, and see him rot in hell.

      sheesh, some peoples children

      BTW, i had considered him a friend until this

      steve
      Your attorney will be able to tell you, but I think that the U.S. is relatively lax about competitive advertising (compared to say Germany where you can't even compare two products side by side). Even if it isn't illegal, a nastily worded letter from an attorney could get him to stop.

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      • #4
        Re: illegal or just unethical

        At one time, it was taboo to name your competitor in spot advertising.


        Coke and Pepsi, Burger King and McDonalds, on and on and on.


        But bottom line, this has been relaxed over the years and you could actually profit from his action by giving you free advertising.


        People don't like put downs from your competition, and can backfire at times. Especially if you treat your customers good.


        It's going to look like a desperate attempt to knock you down but I bet it will work in your favor.

        The urge to spend money to follow that return fire is a bad one....but I saw your ad and I think that is what has him spending money now....he's envious.

        Maybe do bookends whenever his ad shows up if you're on the same station. That way you get him right in the middle. Repetition always drowns out random. Sounds like the election campaign we just had.
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        • #5
          Re: illegal or just unethical

          i don't do radio advertising. too much $$$ for hit or miss positioning.

          obviously my TV spot is making it's mark and i haven't done newspaper since the end of august. that will change soon, as the snowbirds are migrating back to the warmth of the rock from the cold north

          steve
          In the never ending struggle to keep the water flowing.... The Poo Poo Cowboy rides again!!!

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          • #6
            Re: illegal or just unethical

            Bookend advertising is when you run an ad at the end of a show and right before the show comes back on.

            Tv that is. You gotta love the fact your name is out there though......that means you're a threat to his business.
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            • #7
              Re: illegal or just unethical

              he only does radio and i don't do radio at all

              BTW i was in broadcasting (radio & TV) from 1969 to 1992. i know about bookends, doughnuts, and shadowing. all this will do is feed the radio stations kitty, and i freaking hate radio spots for the reason(s) mentioned

              steve
              In the never ending struggle to keep the water flowing.... The Poo Poo Cowboy rides again!!!

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              • #8
                Re: illegal or just unethical

                I know what ya mean; I did radio spots on the Howard Stern show when it was here in Cincinnati.


                Dumbest move I ever made and I was sold on the 25-54 male age group listener in 2004 before the election.

                Nevermind the content of the show....that was a mistake.


                I tried to work a deal with 700WLW during the cincinnati reds games...


                100 grand for 143 spots using the popular broadcaster's voice during the game.
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                • #9
                  Re: illegal or just unethical

                  If he going to mention your company on the radio...the least the jerk can do is advertise your phone number!

                  Yep, you ARE hurting his business, sit back and enjoy the show.

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                  • #10
                    Re: illegal or just unethical

                    bashing is never good. in fact it will probably have a negative impact on his business.

                    i'm only speaking as a person that seems to have his sh!t together and like you guys, i question unethical behaviour.

                    i heard this once; discrection is the better part of valour

                    if i was a potentioal customer, i would question his (work) ethics and probably phone you and ask for customer references

                    just my thoughts

                    Vince

                    i just cast a "eskimo heck" on him for you

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                    • #11
                      Re: illegal or just unethical

                      i finally heard the spot today and if you are just listening without hearing it sounds like the ad says, "don't use SewerSnake, instead call CuraFlo". but if i listen real close i think i can hear an "a" in there.

                      ironically, when the spot played for the 2nd time today a friend and client called me and asked why they were dissing me like that.

                      now my trademarked (through the gov't of the VI) company name is SewerSnake of the VI. that alone should make it close enough to at least get the ad pulled

                      the more i think about it the angrier i get.

                      steve
                      In the never ending struggle to keep the water flowing.... The Poo Poo Cowboy rides again!!!

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                      • #12
                        Re: illegal or just unethical

                        Dude

                        Pepsi has been dissing Coke by name in advertising for years. Nothing you or Coke can do about it.

                        Your situation is harder because your company name is the same as the plumbing tool....easy for him to say don't use it, when "it" could be the tool and not directly you.

                        Plug on, or fire off some ads of your own.

                        Then again, the old adage, no such thing as bad advertising.
                        I'm on "The List" and I love it!!

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                        • #13
                          Re: illegal or just unethical

                          Can you place some follow-on ads that tag right behind his? And keep the flow going so that it runs into your ad. Give your phone number and turn the whole thing back on him. You get twice the air time for half the price.
                          ---------------
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                          • #14
                            Re: illegal or just unethical

                            Originally posted by stxrus View Post
                            i heard today that a sort of competitor (slightly overlapping businesses) is using MY COMPANY NAME in his raadio spots saying, "don't call SewerSnake, call Curaflo"

                            besides pissing me off i feel this is underhanded and (hopefully) borders on something illegal. i'm going to see a lawyer tomorrow. least case scenario i'll take his trailer jetter. best case scenario i'll sue the prick and pay off my mortgage, get a public apology, and see him rot in hell.

                            sheesh, some peoples children

                            BTW, i had considered him a friend until this

                            steve
                            Was he looking just for the part of business that you don't handle? If he was a friend, why not just call him up and let him know you think he's playing dirty. Just maybe, something could be worked out. Nothing ventured, nothing gained. Sure beats paying a lawyer!

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                            • #15
                              Re: illegal or just unethical

                              It's very poor salesmanship to deride your competition. It makes you look petty. So if this guy is putting your name out there and saying not to use you, he may be doing himself more harm. You get the free advertising, he gets to look bad.

                              So when people call you and tell you that they heard the ad, don't be negative about him - show that you're better than that. It's OK to mention that you find the way he advertises disappointing.

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