Your Gift Basket Business Name May Land You in Court
What if your postal mailbox included an attorney’s letter telling you to cease and desist from using the name you chose for your gift basket business?
That’s what’s happening right now to a New Jersey-based gift basket company whose name allegedly resembles a well-known brand, according to a trademark infringement lawsuit lodged by Build-A-Bear.
The big bear retail business, which is often found in malls across the U.S., states in their lawsuit that a gift basket firm’s name copies their own, which causes consumer confusion.
Such lawsuits have occurred in the past, some of which come to light in the news and others that are settled without media knowledge. This problem is an example of what you may not know when starting your business, which is why I interviewed small business attorney, Robin Gronsky, on the CD Legal Tips to Keep Your Company Out of Court.
How would you react if you were in this gift basket business’s shoes?
Sign Up for Drop Shipping, Then Expect Explosive Sales
“What if a lot of people order gift baskets at the same time?”
“How do I handle all the work?”
That dual question is frequently asked in classes and at trade shows after my demos or presentations. The questions are valid, as I know more than a handful of designers who went from no sales to mega orders, especially around the Christmas holidays.
These questions also reveal the fear of success. You start a business to become your own boss, control your destiny, and bring joy and comfort to other people’s lives. But those goals come at a cost. You’ll have to:
- Cut ties with full-time employment.
- Create a dedicated workspace possibly outside of your home.
- Hire temporary or permanent help to handle big jobs.
It’s enough to make your head spin. So why not keep working for someone else so you don’t have to make these decisions? Come one, that’s not what you want.
Thankfully, drop shipping firms are a comfort during the transition, picking up lots of the slack so your business appears much larger than it is.
Drop shippers not only take a lot of the designing and shipping off your hands; they also provide a broad range of products, such as cheesecakes and flowers, items you want to offer but can’t store in your inventory.
It’s wise to consider membership with a drop shipping firm now before the holiday season arrives. Many drop shippers won’t allow you to join between October and December, which is their busy season along with yours. They order enough product to accommodate their members, not to assist designers who suddenly realize they need help.
If you’re not familiar with the services drop shipping companies provide, click here for a video introduction to gift basket drop shipping and to learn more about who they are and what you can expect when working with them. Also available for more insight are a drop ship report and 60-minute CD interview with an industry expert.
What’s stopping you from drop shipping? Explain your dilemma in the comments area, and let’s iron out this problem now so that you’re prepared for explosive sales.
Gift Basket Orders and Strange Situations Go Together
Fill in the blank:
“There I was in/on/at __________, when a customer called my cell phone to order a gift basket!”
You can be standing, sitting, or traveling anywhere when sales arrive, so I know you have a story to fill in the blank. Here’s mine.
A few years ago, my sister and I traveled by bus to Chinatown in New York City. She went there to pick up wholesale merchandise for her business while I accompanied her for environmental inspiration.
I stood on the sidewalk outside of a store while my sister continued reviewing products inside. The area was teeming with people and vehicles. If you’ve ever been to Chinatown, you know how crowded it can get, and the narrow streets make the experience a bit claustrophobic.
Suddenly, my phone rang. It was a customer ordering 12 gift baskets for an auction planned one month in advance. I whipped out my trusty pen and pad which I carry just in case an order arrives and started writing down the particulars.
At one point I looked around and saw several men staring at me. Was talking on the phone and writing at the same time a phenomenon they’d never seen before?
Within one minute of the conversation, I could hear sirens and horns in the distance, and the noise became louder within seconds. There was nowhere to escape. I had no choice but to ask the client to pause our conversation while the deafening sounds passed by.
When I removed the phone from pressing against my collarbone, I thanked the customer for her patience, told her that local fire trucks were being detoured through the area, and completed the order.
What’s the strangest situation you can remember happening around you when a gift basket order arrived? I bet you can top my Chinatown calamity.
Where Did You Learn to Make Bows for Gift Baskets?
Large pull bows were my choice to sit atop gift baskets before I attended a bowmaking class in the early 1990s at the California Gift Show.
That’s where bowmaker extraordinare, Juanita Lewis, conducted a tutorial guiding about 30 attendees to make bows during the 45-minute event.
At the end, our bows were grand and beautiful even though everyone thought “the other person’s bow” looked better. I was thrilled and remember bringing the bow home in hand on the 3,000 mile flight.
My first How to Make a Bow video, which you can watch through this link, has been an online favorite for several years. I’ve updated that video, which you can watch above, to include two types of ribbon.
You’ll find more information about where to find ribbon on this page at GiftBasketBusiness.com and more video tutorials at GiftBasketVideo.com.
Where did you learn to make your first bow? Was it at a craft store, watching a tutorial that played on a screen? Did a Web video show you the basics?
How Close is Your Competition?
How would you react if a competitor set up shop directly across the street from your location?
This problem occurs not only to retail shop owners but also to home-based business owners.
Before you answer the above question, make sure you understand who the competition is for you and who it isn’t. The article, Who is Your Gift Basket Competition? provides insight in case you’re not sure.
Years ago I interviewed two gift basket store entrepreneurs whose shops faced each other in a popular town 15 minutes from my location. Each of them told me that they weren’t concerned with the other’s business because they catered to different clientele.
Still, something about their body language told me that an uneasiness had set in between them even if it wasn’t mentioned during our conversations.
What’s the first thing you’d do if competition set up camp close to your business?
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