Advice on shop next door and copyright

Fisa002 · 4 April 2018 at 2:04PM

My friend has a barbers shop. Hes been trading successfully for over a year and doing well.

Immediately Next door was a takeaway I presume they have seen how busy my friends shop is and have decided to convert their takeaway into a barbers shop.

Now if you was to walk and look between the two you would say they are identical.

The shop signs have been used similar colour and font to my friends shop. Although different names. They layout of the chairs are very similar and waiting area. Positioning of the television, desk exactly the same. The barbers furniture is almost identical and even the back wallpaper is identical - city skyline!

My friend is obviously very upset and feels that a shop immediately next door and very similar to his is going to affect his business and confuse his customers.

What advice can we give to him? Hes really stressed out and has worked hard to make the shop successful and somone to come and rip his ideas feels like its massively unfair.

Ideas / advice anyone ?

spadoosh · 4 April 2018 at 2:19PM

To be fair the nearest barbers before your mate arrived probably thought the same thigns.

I got to a cabin for my barbers but most seem to be making an attempt to modern up.

A city sky line is incredibly popular locally in a barbers. They also have barber chairs.

If it was a takeaway and the same people now run a barber i would assume they are fairly new to the work, as such your friend should be able to offer a lot mroe experience and skill. Selling point one.

Selling point two, he should already have a fairly loyal clientelle, i dont shop around, i got to the cabin where the same lady has been cutting my hair since my teens, excluding the odd occasion where im out of town when it needs doing.

Beyond that, competition is good. It forces you to react, look for opportunities, iron out the weaknesses, highlight your strenths and pay attention to your threats (SWOT) and they said i learnt nothing at business school. :cool:

I would start by putting a sign up saying something along the lines of 'so good, even our neighbours jumped on board'. Then focus on offering the best service i could and hope it was good enough to compete. If its not well theres a reason for that.

Forgive the pun but its a pretty cut throat business anyway. Next door or 500m away, theyres always a hairdressers nearby. If there isnt they usually come to you.

tastyhog · 4 April 2018 at 8:21PM

sounds like your friend has just copied the bog standard barber shop look that is everywhere today.

it's like owning a pub and going around others saying, oh look, they have
a wooden bar, or a fireplace or tables.

I bet he even cuts everyone's hair in that naff sweep over style

Owain_Moneysaver · 4 April 2018 at 8:31PM

Any infringement is not copyright but "passing off" if they are intentionally misrepresenting themselves as being connected with your friend's business. The main area they could be challenged on is the sign colour and font (and how similar is the name?).

Specialist legal advice would need to be sought.

Fisa002 · 4 April 2018 at 10:58PM

Thanks for the responses.
When you see both shops side by side it!!!8217;s hard to mistake them. I appreciate barbers shops can look quite similar but in a city where there are hundreds fo barbers and even thousands of ways to chose your fittings and layouts you would definitely think one has ripped off the others ideas.

As for the signs on the shop front, they have used the same font and exact same colour scheme. The only difference is the first part of the nam. The other two words are the same.

Im just wondering if legal advice can be sought or if there!!!8217;s a way to complain to the local council or any other bodies? Or is it a matter of just putting up with it? And then theres a continued risk that if he changes anything else then its likely to be copied again. Surely this is unfair for for small businesses trying to earn a decent living without another just blatantly copying anothers ideas.

POPPYOSCAR · 4 April 2018 at 11:03PM

A photo would be great!

Savvy_Sue · 5 April 2018 at 1:37AM

There are several supermarkets around where I work with the same name: it's a family name. I've noticed one of them has a sign in it saying that someone has copied their name, and the new one is not a 'proper' supermarket of that name.

Anything legal will get very expensive and may not help. Being better is the best way to succeed. Possibly don't 'advertise' things like free coffee / beer (and check the legality of that, but I saw that mentioned in a local article on the best Barbers shops in ...) but make sure they are offered - customers will remember where they get the best experience. Maybe a loyalty card: get a stamp for each visit and your 5th? 10th? is free or 20% off?

Making inexpensive internal changes could be worthwhile, eg if they currently use black towels go for bright orange. Make sure price lists and posters are attractive. Maybe something in the window "established since 1999" or whenever, or "formerly of X street" if your friend moved there from elsewhere.

WeAreGhosts · 6 April 2018 at 12:43PM

Did they get planning permission to turn it from a takeaway to a barbers? You can check on your local council's website if a planning application was made. They are two different classes - A3 hot food/takeaway and A1 retail. They can't just change as they wish.

lincroft1710 · 6 April 2018 at 3:45PM

WeAreGhosts wrote: »

Did they get planning permission to turn it from a takeaway to a barbers? You can check on your local council's website if a planning application was made. They are two different classes - A3 hot food/takeaway and A1 retail. They can't just change as they wish.

A3 to A1 change of use does not require planning permission, A1 to A3 does.

https://www.planningportal.co.uk/info/200130/common_projects/9/change_of_use

Advice on shop next door and copyright

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