[Jewelry making - Article 00042] - Re: [Orchid] What to do about competition spying?

[R . E . Rourke]

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    Espionage- I think you have been reading too many 007 novels, or
    watching too much TV HOWEVER: it is indeed illegal. Yours is the
    burden of proof. I would consider proceeding as follows: 

    Determined, and calmly walk across the street with a copy of a
    standard non-competition agreement, non-disclosure forms for the
    employees who photographed your work, and other forms related to
    whomever had the business established in that particular location
    first- and the state and local codes Re:operating a competitive
    business offering the same goods and/or services within 50 feet of
    another in your hand. 

    Ask for the owner or owners. If they are not present have the manager
    call them and request they immediately come to the store to discuss a
    matter of utmost importance with you. If they cannot immediately 
come,
    ask what time today they can schedule a brief but important meeting,
    as something urgent has occurred.. Do not tell the managers anything,
    and leave until the owner(s) appear. The managers may be liable too
    in a separate matter though related as they perhaps instructed the
    employees to act as you allege., explain that their firm's employees
    are entering your premises,infringing on your intellectual property
    and are in direct copyright violation. Additionally, they are
    disrupting your day-to-day operations, and blatantly photographing
    your work, which is not ethical at least and criminal at most.. 

    Invite the Owner to sign on the dotted line with a statement like "
    We need to make sure this doesn't happen again. So for both of our
    protection I would appreciate your signing this so we are clear, and
    both covered" as you will also provide a non-competition form for
    that owner.,Also garner the employees signatures that did the
    photographing. Explain that you would like to have an amicable
    business-like relationship with x,and these legal matters should have
    been handled when x moved in.. 

    If they refuse: 

    Call your counsel, or get a lawyer ( you should actually already have
    one if you are in business and you have copyrighted designs, or are a
    LLC,or sole proprietorship and maintain personal liability insurance)
    and apprise them of the situation.Also call your insurance agent and
    arrange /begin the process of filing a personal liability claim
    against the store owner(s)-as their employees are accountable for the
    infringement and disruption of your business, and illegal image
    capture of your work. If you feel as strongly as I would, and to push
    the point to absolute clarity, call the local police department and
    ask them to escort you into the shop for your protection in order to
    acquire the necessary signatures in light of the days events.( that
    may require some cash or a fee). 

    Next, Make two additional copies of the security tapes you had 
rolling
    at the time to support your allegations. Get the witnesses to write
    -in as nauseatingly thorough detail as is possible-whom they saw, at
    what time, on what day,doing what, with the equipment described as
    they each remember it's appearance, and what exact items were
    photographed. If I were you I would ask my witnesses to each find a
    space away from the others to" allow for concentration"- this
    eliminates the tendency to collaborate on a story and just gives a
    more objective picture of the facts of the matter. 

    Immediately turn on your word processing program and make a sign for
    your front door clearly stating no photography, of any kind, with
    any devices for recoding images are allowed on the premises of x
    business ( insert your business name) and/or within 50 feet of your
    display cases. no thank yous, no anything other than a clear
    business like statement in a readable font and of a highly visible
    size in darkest green or black ink.If you do not have the time to do
    it hire a sign maker or Kinko's type establishment to make a couple
    for you.Laminate the one to post to extend its life. Post it on the
    door above the handle or at a reasonable viewing height. 

    Once all is collected, and assembled file a claim in small claims
    court for the maximum possible in your state.Alternatively ask your
    counsel to file in civil court. This should demonstrate your
    interpretation of the seriousness of the matter to the other shop
    owner. Small claims is just enough cash outlay to make them aware of
    what their actions will bring in the future if they attempt anything
    of the kind again. 

    If you need a copy of those forms, or if you need more info or have
    questions- because there is a lot more I could say but haven't the
    time at the moment..write me off Orchid and we can arrange
    something. 

R.E.Rourke
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