How to Safeguard a Startup or Small Business from Bad Actors

In the complex relationship between innovation and commerce, individuals, startups, and small businesses create new ideas and ambitious visions. They represent the spirit of possibilities and serve as the underdogs willing to challenge the status quo. However, and unfortunately, this space has a problematic reality—a constant and unnecessary struggle between the small and the mighty. Throughout this blog post, we'll refer to them as "established entities."

Established entities stand as giants, often using their influence and resources to overshadow or assimilate the ingenuity of individuals, startups, and small businesses. If you've ever experienced the gut-wrenching moment when these established entities appropriate your hard work, you understand the pain and frustration of seeing something uniquely yours being exploited by someone else on a much larger scale.

Innovation demands risk, courage, and countless hours of relentless effort. Individuals, startups, and small businesses often invest their heart and soul into creating something meaningful, only to find their efforts undermined by established entities with significantly more resources. This situation is not only frustrating but also disheartening. It can erode trust in the industry and discourage future innovators from pursuing entrepreneurship.

The power imbalance between new or small and established entities often leads these giants to take liberties, believing that the “smaller players” cannot or will not push back. They take advantage of the assumption that individuals, startups, and small businesses are diminutive to protect what is rightfully theirs, both legally and socially.

However, individuals, startups, and small businesses can hold these established entities accountable by understanding your rights, leveraging your unique position, and standing firm. Taking a stance conveys that your kindness and creativity will never be mistaken for complacency.

Here are five tips to help protect yourself, a startup, or a small business:

1. Understand Intellectual Property Laws

• The first step in protecting your ideas is understanding how intellectual property laws function to safeguard creative and innovative efforts.  
• File for protections that can be a strong defense against exploitation.  
• Document everything. Keeping a record of your creative process, from initial sketches to communications, can be crucial if legal action becomes necessary.

2. Monitor Your Industry

• Stay alert by keeping an eye on developments in your industry. Regularly research the products, campaigns, or initiatives launched by established entities. If something seems suspiciously familiar, look into it further.
• Utilize tools like Google Alerts, IP monitoring services, and your network to help track potential infringement.

3. Confront the Issue Head-On

• Don't hesitate to share your concerns, highlighting the similarities you've noticed and clarifying your issues. Be professional but assertive in your communication.  
• Established entities often use intimidation tactics, so you must back up your claims with evidence and data demonstrating originality.

4. Leverage the Power of Public Opinion

• Consider sharing your story if you have exhausted all internal and legal avenues. Platforms like social media and industry publications can amplify your voice and drive meaningful change.
• Be cautious about maintaining a professional tone. Unsubstantiated accusations can backfire, but presenting a well-supported case can garner the support of your community and potentially the public's support.

5. Join Forces. Achieve More.

• If an established entity shows interest in your work, view it as an opportunity. Collaboration can be mutually beneficial when approached with the proper etiquette, honesty, and respect.  
• Ensure that partnerships are not one-sided and that contracts safeguard your rights. Do not hesitate to walk away if the terms compromise your integrity.

Why Kindness Is Not a Weakness

Individuals, startups, and small businesses often embrace a people-first approach, emphasizing kindness, fairness, and collaboration. This ethos is a crucial reason why the entrepreneurial world is so dynamic and appealing. However, established entities can sometimes misinterpret this mindset, mistakenly assuming that your willingness to share ideas or build connections is an invitation for exploitation. Kindness is a strength, creativity is a valuable asset, and a voice—regardless of how small you perceive it to be—can effect change.

Let's set the record straight. Kindness is a strength, not an invitation for exploitation. It demonstrates a commitment to building something meaningful without resorting to pitiful, cutthroat tactics. Setting boundaries is paramount. Protecting your work doesn't mean you are "unkind"; it means you are wise and would prefer collaboration and sending an invoice versus sending a lawsuit. Standing firm is vital for maintaining the culture of respect and creativity that an individual, startup, or small business ecosystem thrives on.

The Importance of Community Against Exploitation

One of the most effective ways to push back against overreach is by leaning on your community. Other startups, small business owners, and even loyal customers can serve as allies in holding these established entities accountable. Building strong relationships within your industry creates a support network that amplifies your voice and provides resources when needed.

In addition, communities can rally together to call out bad behavior and push for change. There's power in numbers, whether through organized campaigns, shared resources, or collective legal action. Together, startups and small businesses can create an environment where established entities are held accountable for their harmful actions.

What Established Entities and Bad Actors Can Learn

While this conversation primarily focuses on startups and small businesses, addressing those working within established entities is essential. Please recognize the immense value of collaborating with individuals, startups, and small businesses. Instead of seeing them as an easy target, approach them as equals. Their skillfulness and ingenuity are assets that, when treated with reverence, can drive innovation for all parties involved the right way.

Respecting the work of individuals, startups, and small businesses promotes goodwill and strengthens your reputation as an ethical and innovative organization. If you are interested in an individual’s, startup’s, or small business’s style and work, view it as an opportunity to help them and create a more robust economy. Your selfishness and profound ignorance are not sustaining. The shelf life of inauthenticity expires faster than a gallon of milk. Collaboration is mutually beneficial when approached with honesty and respect.  Ultimately, the best outcomes come from partnerships built on mutual respect, not exploitation.

Closing Thoughts:

Standing up to these established entities is challenging but necessary. When you push back, you're doing more than protecting your effort and work—it's setting a precedent. You're sending a clear message that creativity, time, and effort deserve respect, regardless of the size of the entity behind it. 

Stand firm and protect what you've built. In doing so, you'll safeguard your future and contribute to an entrepreneurial culture where innovation can thrive without fear of exploitation. You owe it to yourself, your team, the startup, and the small business community.