What's the # of ******** ?

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elmo

elmo

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Dec 7, 2007
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Williamston,29697
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South Carolina
There is a new flower shop in our town. Just so happen to open in the same building in moved out of in Nov. 07.( Long story) I have for the last 2 weeks been getting calls to my shop asking for that flower shops #!!!!!!!!!!!!
To me some body's playing games. I work hard for a good rep. of my self and my shop, but please give me words from the wise, I'm not trying to be a wise A** to the calls but, Why call me, our #"s aren't even the same!!!!!! Like to blow my top, but being cool is a hard thing. Small town, and I don't want to lose face. So...........? How about it ?? Advice !!!!!!!!!:confused:
 
Maybe folks think you now have two locations?

Try answering their question with: No I am sorry I do not have that number, but I can help you with your floral needs.
 
Let me add a bit more info to Ellen's post. Ellen bought the business from "D," including buying the shop's name. Ellen continued to rent the building from D, but eventually (long story is right) bought her own building down the street from D's building. D immediately opened a flower shop in the vacant shop, and she also began distributing business cards which includes a statement something like, "original owner of Debra's Designs," which is the name of Ellen's shop.

Ellen strives to provide the best quality in product and service to her customers. She is also active in many community projects, contributing her time and services for them. Now someone is apparently trying to undercut her business and her good name.

Good luck to you, El. I hope that the good folks here give you tons of advice.
 
Well Connie...that clears things up a bit...

Ellen, *personally* I would take out a full page ad in the local paper, and paste the whole story out there for all to judge :) but while that's probably not a realistic game plan, I'd try to counter with some sort of Press Release explaining that you are the "original owner" of your current location, *formerly located at* and now open for business under "original ownership" *at*...
 
Ah, the reason for a "non-compete" clause when you purchase an operating business.
Good Luck Ellen. I'd take the advertising route with big letters.
 
I love to play stupid. You know, I just play with flowers all day, so how smart can I be anyway.
"Oh, is there a new flower shop there? Wow, I hadn't realized. Sorry I don't have their number, but I'd be happy to help you with whatever you're looking for in the way of flowers ..."

Make sure you have promotional material on all of your deliveries. Stay in touch with your customers. Stay positive, and keep your chin up. It will pass. It always does!

good luck,
tracy
 
Connie said:
Let me add a bit more info to Ellen's post. Ellen bought the business from "D," including buying the shop's name. Ellen continued to rent the building from D, but eventually (long story is right) bought her own building down the street from D's building. D immediately opened a flower shop in the vacant shop, and she also began distributing business cards which includes a statement something like, "original owner of Debra's Designs," which is the name of Ellen's shop.

Ellen strives to provide the best quality in product and service to her customers. She is also active in many community projects, contributing her time and services for them. Now someone is apparently trying to undercut her business and her good name.

Good luck to you, El. I hope that the good folks here give you tons of advice.
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OMG, what a nightmare???

Is there any legal recourse to stop her from this???

How long was your non-compete clause or was there none?

I would take out that ad and look into a cease and desist on the wording for those business cards. You did buy the business and the name, I don't think she can legally use that name anymore, but a lawyer certainly could tell you..
 
You could give them an alterative phone number of yours. For example: if the main line everyone calls in is 555-1212 and you also have 555-1213, give them the 555-1213 number. When they call it, do not give them the opportunity to ask about the other company. If you answer Debra’s Designs, and they say they thought they called “D” surpass their comment with something like, “what did you need help with, I am sure we can accommodate you”. If you distract their attention away from the fact that they didn’t call “D” by helping them, they will for get all about that. It may be a small dirty trick but then again it sounds like “D” is pulling a bigger one. In the mean time, send one of the people that work for you to find out what kind of offer they are making that is making their phone number so desirable.
 
lowest of the low.

Some people,they really stoop low.Thats a wretched stunt to play, i hope you pull through it,i like the sound of a full page ad,but this could be costly, best of luck in which ever way you choose to fight these rotters!!!
 
Ellne:
You also need to look at your purchase agreement. Did you have a non-compete clause? If so, you have direct and immediate legal recourse.

If you had a non-compete clause, she cannot advertise herself in any way shape or form as "originally" or "original owner of"....there are damages here and they can get pricey!!

(We had this issued many years ago from the former owner -- an quick letter from the attorney reminding him of the agreement he had signed, and the ramifications if he continued to do what he was doing brought it to a halt quickly! Was the best money I ever spent!!)

Good luck,
Cheryl
 
First of all this happens all over the place, Also here are some questions, was there a non- compete? Is the company name yours? Is it trademarked with you name as the owner? IS the other person using this name as well?? If so then if you have your EIN and all that stuff up to date with you as the owner, she really can't do that, and also be the bigger person here, also google the phone numbers that they are coming from, and if it comes up belonging to them ,,star 57 the darn things, and it will come back on them, yeah We kinda have dealt with this same type of thing, but in a much larger case,,,and The best to you,,Keep in mind, when folks do this, they alway end up putting ther own,,D... in the dirt, So sorry family board, can't type what I wanted, but I think you know what I mean, a big Hug to you,,
 
Even if you did'nt have a non-compete, I would have your lawyer draw up a letter to the effect of what Cheryl said. And as far as the phone calls, I agree, let the callers know you can help them. You could even say, "I'm not sure the other store is still in business", but I would be happy to help you! Nasty little underhanded tactics like hers will get her nowhere fast.
 
CHERYL BAKIN said:
Ellne:
You also need to look at your purchase agreement. Did you have a non-compete clause? If so, you have direct and immediate legal recourse.

If you had a non-compete clause, she cannot advertise herself in any way shape or form as "originally" or "original owner of"....there are damages here and they can get pricey!!

(We had this issued many years ago from the former owner -- an quick letter from the attorney reminding him of the agreement he had signed, and the ramifications if he continued to do what he was doing brought it to a halt quickly! Was the best money I ever spent!!)

Good luck,
Cheryl
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Saw the attorney 2 weeks ago. letter has been sent, there was a non- compete clause, has expired. Everyone has the right to open a shop, I say just don't try to ride a my coat tail, I 've up graded many times over from the bones of the shop I started with.Yes, in the legal forms I bought the name too, as I say, she sold her name(my name is on our sign as owner/designer) and if I need to be the DEVIL so be it. I think it may have been a shock when she got her reg. mail last week.Yea, working on the news paper tonight!!!!
Thank all of you for answering me post!! Good to know ya'll are there.
Thanks, Debras Designs Inc. 806 Anderson DR, Williamston S.C.
Ellen Harvell /owner- Designer
 
BOSS said:
Well Connie...that clears things up a bit...

Ellen, *personally* I would take out a full page ad in the local paper, and paste the whole story out there for all to judge :) but while that's probably not a realistic game plan, I'd try to counter with some sort of Press Release explaining that you are the "original owner" of your current location, *formerly located at* and now open for business under "original ownership" *at*...
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Back a couple years ago when we aquired a very long time florist (I think 1917) and their phone number - in the next town over (we deliver to) - one of the florists over there was real cheesed and did the full page ad deal ($1200 for ONE DAY!), puts ads on the radio about it being transferred and bought to someone "out of town" - did full page ads in the TF directory (dumbest move of all at $900 a month).

I'm totally sure all he did was blow a WHOLE bunch of green. :boggles:

Be careful not to be negative.

The best thing we did was send Preferred Customer Cards with an introductory letter to all their customers explaining we had been chosen to fulfill their customers needs.

It was an instant shot in the arm. We used to go there about twice a week now we have 2 routes a day.

Frustrating I'm sure but be gentle and be sure not to be negative.

I know

opinions vary
 
Elen:
couple more questions for you.
1. You said in an earlier post that you bought the business and the name. Did you register the name with your state as a "ficticious name", owned by you? Again, if you did so, then she cannot represent herself as your company since she sold away her birthright!!

2. Non-compete agreement. When did you buy your shop, and how long was the non-compete for?? Typically, these agreements run for 12 months to 5 years. There is generally a clause in there that would prohibit her from opening an identical or nearly identical business within a certain mile radius of your location.

3. Some of the advice in #2 gets complicated because you have moved the business. The non-compete MAY only apply to your former location if it was not properly worded.

4. Did you buy the phone # when you bought the business?? If so, you have a bone to pick with the phone company.

5. Again, as JB said above, be careful with your ad in the newspaper. Be upbeat and positive.....offer customers a chance to "see your new and improved" location, since you just moved in November, 2007. Invite them to a Spring Fling or a St patrick's Day Gala -- or whatever. The idea is to get as many people as possible buzzing about YOUR store and IGNORING the former owner.

6. Start to Play the Name Game or the "It's Tuesday & we're giving away a daffodil if you are wearing yellow" day....again to get people talking about you and stoping in.

7. Get refrigerator magnets made (less than .10 each). Every delivery except sympathy gets a Flyer about your new location and a refrigerator magnet enclosed with their delivery.

8. Ask people for their email and regular mail addresses. (We are finding that younger people change email addresses as often as they change socks and underware!!!!) We get both. You are adding them to your "special customer appreciation mailing program!! They will love it.

I KNOW how mad you are and how AWFUL this can be for you.

This is low-life, mean & just plain stupid for someone to do this, but desperate people do desperate things. I think that she was probably counting on you to rent from her forever.....and you went and burst that bubble!!

Good luck....hope the above helps.

Cheryl
 
I had a crazy heifer open across the street from me a few years ago. She painted her building the same as mine, and called me all the time posing as a bride. This was before called id was so widespread.

I caught her going through my trash on more than one occasion. I know she was trying to figure out where I "get my stuff". She would park her van in my alley and tell me she was making a delivery to the neighbors across the way. I told her I hoped she enjoyed browsing my trash.

One time I was test driving a vehicle she did not recognize, and she was on foot, digging through my trash. I rolled down my window and said "Find what you're looking for?" I just smiled and drove past her, up to her elbows in refuse.

She even came to my Christmas Open House, ate my food and registered for my door prizes.

She is out of business...she lasted about 2 years.

Crazy heifer.

May the same fate befall your deceitful competition.

Call your lawyer, keep your chin up.
 
All good advise, and I would add document, document, and document. Names, dates, times phone calls, false claims, false advertising, whatever. Little incidents that seem like nothing can show a pattern of abuse and deception, and you may need it someday.
Hopefully you may never need to use it, but if you end up in court over it, you have something to fall back on. You can do it, we have great faith in you. Be kind and true to yourself, and you will prosper. Afterall, you're Williamston's REAL florist!
 
I know I'm on the right track by the questions asked by the Flower Chat group. :yourock:
Yes, I registered with the state, I incorporated the business from the start.
Yes, their was a Non-compete agreement for 5 years, but has expired.
I'm taking the steps to protect my shop and the years I have put hard work
to build to where it is now. In the same note, it's sad some people can't make their own way, so they try yours!! Have taken legal steps to stop use of my business name. Was great to find out my rights and know I'm in the right.
Thanks to all that have gave great advice to me. Maybe the "HEIFER" as she was named (LOL) will find her own way.
 
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Perfect answer

BOSS said:
Maybe folks think you now have two locations?

Try answering their question with: No I am sorry I do not have that number, but I can help you with your floral needs.
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Boss nails it on this one !
 
jduncan said:
I had a crazy heifer open across the street from me a few years ago. She painted her building the same as mine, and called me all the time posing as a bride. This was before called id was so widespread.

I caught her going through my trash on more than one occasion. I know she was trying to figure out where I "get my stuff". She would park her van in my alley and tell me she was making a delivery to the neighbors across the way. I told her I hoped she enjoyed browsing my trash.

One time I was test driving a vehicle she did not recognize, and she was on foot, digging through my trash. I rolled down my window and said "Find what you're looking for?" I just smiled and drove past her, up to her elbows in refuse.

She even came to my Christmas Open House, ate my food and registered for my door prizes.

She is out of business...she lasted about 2 years.

Crazy heifer.

May the same fate befall your deceitful competition.

Call your lawyer, keep your chin up.
Click to expand...


Crazy Heifer..... LOL - Haven't heard that term in a while.....
 
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