Comments on: When All Else Fails, Sue the Competition

By: Philip

Philip — Thu, 29 Apr 2010 13:44:49 +0000

This blog post is so true! Look at the current fiasco between Microsoft, Apple, Google and smartphone maker HTC. HTC makes Android phones. Android phones went from 5% of the marketshare last year to over 20% this year. Apple and Microsoft also make software for smartphones.
Apple is suing HTC claiming that they infringed something like 20 patents. At least 19 of those patents are unenforceable because they are the equivalent of patenting fire, or the wheel.
Microsoft went the other route, instead of suing HTC, they basically hit them up for protection money. Innovation requires effort. Lawsuits don’t.

By: Jerry

Jerry — Fri, 11 Dec 2009 04:07:47 +0000

Thanks for your input, Tiffany! I agree that there are other reasons for the lawsuits, but this article was dealing primarily with the suits filed over ads that, while exaggerated, could hardly be considered “deceptive”.

I just think that if these companies would focus the same amount of effort, energy and expense on creating great relationships with their customers, they’d stand to gain far more than they are by litigation.

Jerry

By: Tiffany L Hogan

Tiffany L Hogan — Thu, 10 Dec 2009 17:05:33 +0000

Well, I think that protecting market share is not the only reason why companies sue each other over things like deceptive advertising, trademark infringement and the like. They are protecting their brand equity, as well as their intellectual property. And its big business; I used to do market research for cases like these and the sums these companies spent on the research alone (let alone the legal counsel) was pretty jaw-dropping. It’s disappointing to see, of course – when so many good causes could use those kinds of sums. But still – there are other reasons for this kind of litigation.

By: Jerry

Jerry — Wed, 09 Dec 2009 21:25:45 +0000

Thanks for the comment, Joel. I agree: if more companies/businesses/salespeople started looking for “win-win”, we’d all be happier in the end.

By: BizSugar.com

BizSugar.com — Wed, 09 Dec 2009 17:30:59 +0000

Suing the Competition To Gain Marketshare: The Politics of Bad Business | The Motivation 101 Blog…

When you have to resort to suing your competitors to regain market share, something is seriously flawed with your view of your customers….

By: Joel D Canfield

Joel D Canfield — Wed, 09 Dec 2009 17:20:54 +0000

Tough on clear thinking, that combination of arrogance and fear.

Reading Charles Handy’s “The Empty Raincoat” I was struck by the chapter on “The Chinese Contract”—the short version is that when both parties to an agreement feel they’re getting what they want, both parties are motivated to keep it. When one party feels cheated, no piece of paper will force them to perform.

Create Chinese contracts; what Covey called (and now, we all call) ‘win/win’ situations.