What's the possible (legal) consequences if I openly 'disparage' about a larger, incumbent competitor in my marketing?
So I run a JAMstack web design service called Sweet Jam Sites, and recently I'm trying to target frustrated Wordpress users who are ready to make the switch out of Wordpress.
On Twitter, the hastag fuckwordpress is a very real thing, and it's so catchy and perfectly encapsulates the same selling point I'm trying to convey with Sweet Jam, because I can relate to it too (being a recovering Wordpress user). What if I used "F**k Wordpress" as some sort of a marketing tagline, or as the main title header on my website?
What might be possible consequences of that? Will I get sued? As a solo indie maker/agency there's no way I can manage any litigation from a large, well-resourced tech company, so am concerned about that…
SEO-wise, will Google down-rank it? Heard that curse words will affected your site's page rank…
I think it comes down to how and what you say. I always think of it along the lines of if I can prove it I can say it.
But it's a double edged think, it can make you look bad if all your doing is talking down your competitors, it comes across as the only reason to use you is your not them. Nothing to do with having a better product. People generally don't like jerks. Plus the difficulty of using a hashtag to market, it can be hard not to come across as spam.
The other you have is a lot of those people that don't like WordPress might be clients from he'll in the waiting and if they are quick to f*** WordPress you can bet they would be to you too and your reputation is important.
I think the real opportunity in there kiss in your story as a recovered wordpress user. If you create content around that and your struggles with WordPress and how you do things now. That not only attracts those that say f**** WordPress but those that are using word press but not happy and are seeking that escape.
@jamesmkenny Oh wow thanks for the long reply James. Good points about being double edged on reputation and coming across as a jerk…really comes down to how I deliver it.
Never thought that these folks might also be clients from hell! 😱 Oh gosh
I had the same thoughts about sharing stuff about transiting from Wordpress - yes that seems to be more valuable content-wise than simply disparaging and being an angry toxic presence without offering any advice or content. Will definitely explore further down along those lines! And keeping things classy 😊👍
Oh but back to the og question: have you seen anyone get sued by being sassy about how bad their competitor is?
@jasonleow Ah on that one I'm afraid I can't really give you a solid yes or no, I haven't seen it BUT that doesn't mean it's not a legal issue, it might be better to get a lawyers advice on it first, liable laws are a bit different country to country.
@jamesmkenny sigh thats true…. but from the looks of it might be better to play it safe(r)
@jasonleow I do think the "Playing it safe" or more documenting your journey from WordPress to internet superpowers, might be a massive opportunity.
That content becomes timeless. In a year or 3, it will still be bringing leads in. WordPress isn't going to go away and more and more people will hit their limit with it. Having high quality content will draw them into you.
@jasonleow tuning in here, maybe try taking a look at what @alisalahio did with instatus.io he is going on against statuspage
@bcye till now i didn't face any trouble. But I don't think I did anything illegal lol That's the hottest thing I did https://twitter.com/InstatusHQ/status/1279726168313409538
Statuspage has been ignoring me so far. They tried Instatus using a company's account, and one of their employees followed me. But nothing public so far, which is a wise strategy tbh I'm not really a big trouble for them TILL NOW
@alisalahio haha"coming for your ass" haha i LOVE it! It sounds cheeky and sassy but doesn't feel like you're insinuating anything about how bad their service is or can be construed that way. Maybe I should take this approach! 😉
@jasonleow lol yeah it's a meme started by Fluent :D https://twitter.com/usefluent/status/1261879903982477312
@alisalahio OOOH nice. Love their bold marketing tone of voice… what other brands have you come across that's this bold and sassy?
Not legal advice, but you could try censoring a letter or two of Wordpress. It would still be pretty obvious but you aren't technically mentioning their name.
On the other hand, what if you were less aggressive about your competition? For example, lot's of websites have "Us vs. them" comparison sites. You could do one of those without the "F**K Wordpress" header and still provide a lot of value. Not to mention seem a little nicer and more approachable as a company.
@joemasilotti oh censoring letters is pretty smart. Or I could use "WP" which so many 3rd party wordpress services use without fear of trademark issues.
Definitely will try out the comparison approach, and provide value/content (and not just an angry toxic voice) - as discussed with James in the thread above.
Curious: does being nicer and more approachable as a company make you want buy from them? Or someone with personality and resonates with your painpoints? 🤔
I think the tone matters and if you let users speak or make claims yourself. Companies always proclaim their solution is better, but that's just advertisement right?
I think the alternative pages from Jen are nice.
https://lunchmoney.app/compare/mint-alternative
I wouldn't worry too much about theoretical scenarios until they happen. Worrying about all bad things that could happen results in not even trying anything.
It might work as a marketing stunt, but maybe you can also do it without these words in your own copy.
@kaioelfke oh nice comparison page. If there's an aesthetic and tone of voice that I like, that would be it.
I am not a legal expert, but saying "Fuck Wordpress" should be covered by Fair Use. If you did infringe, from a legal perspective, what usually happens is lawyers would send a Cease & Desist letter to you first before hitting you with an actual lawsuit.
But as @jamesmkenny said, there are valid reasons to avoid this type of tone besides the potential legal problems.
One thing I will add though – people who focus on the negative tend to get negative redirected back at them.
@fiiv Even a cease desist sounds scary and stressful…
Agree about the negative blowback, that's something I would not want. But I do think there's an interesting middle ground where I can be say something bold out of personal frustration of using it and at the same time, offer value and good content with it. Just being an angry, toxic voice would definitely fall short and counter-productive
Please sign in to leave a comment.