AIBU or have I just been extremely naive?

[ClittyClittyGangBang]

I have NC'd for this, think I might get flamed.

I sell handmade crafts and soaps, vintage bits and pieces and the odd piece of retro furniture. There are some shabby chic in there as well. I also sell chalk paint. At the moment I am based out of my garage and my kitchen and had been looking at a property for a while.

Moving into a shop will also mean my sister can have an outlet for her dressmaking and haberdashery bits that she sells.

Anyhow, a retail shop close to us became vacant months ago but no one was interested as it had been a really dodgy takeaway. We viewed and worked out that we could afford the rent between the two of us. The only problem was the refitting of the shop, so I approached a builder who I know personally for a quote for a strip out of the kitchen and counter and obligatory fish tank.

Anyhow, he was quite taken up with what we wanted to do. He listened to what we wanted and then gave us a quote which was a little higher than we had expected. We then approached the letting agent, imagine our surprise from being the only person interested to the shop had suddenly been rented out earlier that day. A change of usage notice was posted on the door, so I guessed it was going to be a shop of some kind.

Roll on a few months, and guess who is starting up a business in there selling all of the above? The builder's wife. Guess what she is selling? Exactly the same stock as we were going to have, she is on FB posting about all of her "vintage stock". Guess how they have done the decor? Exactly to our specification.

Am I right to be devastated or AIBU and this is just how people do "business"?

On every photo that is obviously yours (like the one with your cat, WTF!?) comment "LOL you do realise you've used my photo by mistake?" etc

What a cheeky cow. Get legal advice ASAP!

YANBU.

She is in breach of your intellectual property rights - you can only really act on her use of your photographs, use of which is a breach of copyright.

I suggest you post on her FB page publicly that you will be in touch via PM to discuss your rates for use of your copyright protected images for her business.

I doubt you can pursue anything else as, well, the shop idea itself isn't original. But let her crack on and her poor judgment and poor business acumen will let her down in the end.

But it's incredibly deceitful of the builder, yes.

I might not post stuff on FB but I would calmly confront the woman and her husband. Don't get into an argument but say what you think of them. They have stolen your ideas and deceived you on a nasty, underhand manner. They have shown themselves to be mean spirited and dishonest. Do they feel comfortable knowing what they have done? I would be saying that at least.

There is no way I wouldn't be having my say if someone did this to me.

Good luck with your business.

I wouldn't do anything. Any legal battle will just cost money and bad feeling in your small community.

I'm guessing she will buy a load of stock from EBay/china/local people to get stuff together for opening day.

Have you considered offering her soaps/pieces to sell? That way you get NONE of the risk and only profit - she's probably an idiot and doesn't know that shops would take 100% mark up.

If you decide not to sell through her you're going to need some way to process your rage - I would be completely and utterly furious about this. They are fuckers. They are cunts.

So don't do anything, but do find a healthy way to release some of the bad feeling.

If she likes your stuff so much why not sell via her??? Then open up in better location...?

Dreadful situation. I'm so sorry.

You must at least challenge them on the photos! Bloody hell, what is it with the English - so polite even when they're being shafted! Who gives a fuck that they are in a clique! So what - they've shat on you. They've done nothing illegal apart from the photo bit. They had every right to jump in. Not nice but not criminal. Get on the phone to the builder. Tell him by phone and by email what he did is despicable and his wife. You want the photos down or you'll be taking it further. Stealing your business idea is shit and I'd tell them I hope you crash and burn. Who cares if they spread it round your little town? You spread it round that they completely stole your idea including the premises you were going to take on. Let's see if they're top of the pile then in town or dropped from social functions. You're taking this lying down and talking about folding by Xmas. At least see if she survives until then. Any photos you do from now on have a watermark with your name across them. Where is your fighting spirit?

Could you get one of the people that PM'ed you to post something on her wall. Something like 'Ohhhhh I recognise that photo of Clitty's display - I assume you've gone into business with her then?'

Sorry for sounding so harsh in my last post but really you've got to say something - like Lagoonablue says you can't not have your say. I would systematically put a bad word in everyone's ear that I could too about both of them. I would never forget this and be doing it in years to come too - he wouldn't have an effing business after I finished with him. Bad reviews the lot.

I do have fighting spirit, however, I am also a huge believer in Fate and Karma. I agree with those who think they will fall on their behinds and the business will fail.

I have in the last 12 hours adjusted from being in a business partnership with my sister to now being a sole trader again. This is why I am reverting back to the craft/trade fairs and selling online as outlined in my post first thing this morning. It is the most profitable way forward for me. I cannot run a shop on my own, as a huge amount of my time is spent designing and painting. This is why it worked so well we would have done a 50% split covering the shop and sourcing and creating the stock. Realistically, three days a week she would be in the shop whilst I am painting, then three days I would be in the shop whilst she is sewing. Any shortfall was covered with our children (all are over 18).

I have now lost that 50%, with it goes the realistic option of being able to afford, run or stock a shop.

I have left three voicemails for them asking them to call me to discuss the photos. They did not call me but instead but up a FB status about "selfish people spoiling our excitement". Have also reported the use of my photos, so far they are still up.

I am not going to waste any time on them today, I don't have any time to lose. I just have to focus and get through the next few months.

Thanks for your support.

Wowfudge has some good ideas.
The fact that she is a novice makes it quite possible she will fail. It was very sudden and she can't have a business plan, done research etc.

Wow, I'm not surprised you're so angry! I'm fuming on your behalf. I have to agree with others though and say you've probably had a very lucky escape with the shop. If I were you I'd take the money you would have spent on the shop getting more stock in and gearing up for a massive marketing drive for November in time to catch the Christmas shoppers. Get yourself a nice website/talk to local papers, leaflet drop, make a big deal of the fact that you're the first handmade soap company in 'your town' established since... Also have you thought about market stalls? BUT keep all this quiet and do it all in one big hit. Play your cards close to your chest because if that lady really has no ideas I bet you anything she's keeping an eye on you to pinch more. You've got 4 months to come up with some great new stuff, use the anger :) and show her up.

Just comment under the FB photos that they are yours and the poster never asked permission to use them. It's the truth.

What a lucky escape for you tbh. The shop location sounds like a nightmare and it would probably have swallowed ever penny you'd made.

Location is absolutely everything when it comes to this sort of thing. I see no advantage to you of opening retail premises unless it's exactly the right place, and even then tbh the risk is huge.

Bide your time. If she is just copying you then it won't last long. An expensive folly by the sound of it.

Clitty I am a bit naive too and always expect the best from people, I would be devastated like you, if this happened to me YANBU this is downright ruthless and heartless!

You must come back stronger, lesson leaned and then you will do better than them, you will certainly prevail in time if all they can do is nick your ideas - they were YOUR ideas, you will be full of more ideas, they have to nick theirs since they haven't any of their own!

Bah how nasty are some people!

You left three voice messages this morning? And they already 'replied' on Facebook? I really don't get the speed all this has happened?

I have only seen a couple of these shops survive past a year and the survivors have all got one thing in common they are a cafe/tea shop first. People come for the good coffee and homemade cake and sit whilst surrounded by your stock chatting with their friends something probably 6 out of every 10 people buy something.
This shop will last 6 months maybe a year if she has money to throw at it what with rent and rates bills stock etc. you in the meantime have fewer overheads and can continue to grow your business maybe do some craft fairs and you can be competitively priced as you don't have her expenses good luck and give her no more head space

There is a law that covers you here - you shared trade information with that builder in a setting where he should have understood it was said to you in confidence. It's called breach of trust. Have a google. Not sure you should sue really but a letter before action might stop them?

Your ideas are copywrite even if as people say these shops are pretty common.

Just post the truth saying they are your photos. Don't do it in an inflammatory way, just a factual way. Or even better get someone else to post as suggested above, then confirm they are correct in their observations.

XiX, I was up at half five this morning and he was posting at 7am on FB and Twitter as "being at the shop getting ready for another day". So I thought, meh, why not?

I called and left a vsm using OHs mobile, they returned my call almost immediately as they would not have recognised the number. When OH said his name they hung up. He then called them back and they hung up again. I then left another vsm using my mobile they have not called me back.

Between 1am and 6am they had uploaded another three photos which were actually my photos. They have now all been removed, so now none of my photos are being used anymore.

Relieved but still bloody angry.

this has all escalated quickly.

An ex takeaway in a parade of takeaways is a bloody stupid place for a chi chi interiors shop anyway. Lucky escape.

I just feel that I had to nip it all in the bud to be honest. I did not want to sit around thinking "shall I call or just leave it". I felt I had to do something but did not want to have to spend a couple of hundred quid on a solicitors letter.

I had no other reason to ring them other than the photos, so I am sure just leaving my VSM just gave them the push they needed to take the photos down.

The whole thing has taught me a huge, huge life lesson. Not a pleasant one, but then life lessons rarely are.

Thank you for all your responses and support it has been amazing.

ELTB, I think you are absolutely right, it has been a lucky escape.

You should contact them now and threaten legal action unless they take down your photos in the next 24 hours.