"I did everything right – and someone still copied my business"

Rebekah Oakes thought she'd done everything by the book.

Before launching Rebekah Ann Jewellery, she'd completed business programmes, registered her trademark, implemented copyright notices on her website and meticulously documented her processes.

She'd worked for other businesses and understood what she needed to protect.

But when a competitor copied her mission statements and business model, she discovered a sobering truth.

That even when you do everything right, intellectual property (IP) theft can still devastate a bootstrapped business - and legal recourse isn't always possible.

Rebekah says:

"I'd done all of the steps and it still happened, and there's nothing I can do, which is the frustrating thing."

The crushing effect of IP theft

The competitor didn't take the Rebekah Ann Jewellery name – her trademark protection held firm there.

Instead, they copied something far more insidious – the language that explains how her business works, the ethos behind her sustainable approach and the mission statements she'd carefully crafted to communicate her values to customers.

For a business that specialises in bespoke wedding, engagement and memorial rings, the impact was crushing, as Rebekah explains:

"I was giving support to the wider community through my Brighton Jewellery Collective and workshops, and then for this to all happen...

"I don't have the support network around me that some people might have. I don't have those resources.

"Someone just decided to take some of that for their own use, and it really does have an impact."

The theft also affected her brand's visibility.

Her Google search rankings – crucial for any small business – took a hit as the copied content confused the search engine's algorithms as to who originated the material.

Her business model, which focuses on sustainable practices and meaningful craftsmanship, had been born from genuine passion and years of skill development.

Watching someone simply lift her carefully considered words and philosophy felt like a violation of everything she'd worked to build. "It was just so frustrating," she says.

VIDEO: Intellectual property (IP) explained

Learn more about the basics of IP rights, why they're so important for your designs and brands, and how ACID can help you unlock IP's infinite potential:

Rebuilding a business

To get things back on course, Rebekah took advice from lawyers at the Business & IP Centre (BIPC).

"They told me what to do and I issued a cease-and-desist letter. Which is still in place."

Despite the setback, Rebekah is slowly rebuilding.

Her Google traction is returning as she continues to produce original content and maintain her authentic voice. And she's registered her website and ideas with design IP campaign ACID.

The experience, while painful, hasn't deterred her from her mission of creating sustainable, meaningful jewellery pieces that mark life's most important moments.

"Things are looking up now. It is coming back."

The practical reality of enforcing IP

Rebekah's experience raises important questions about IP protection for small businesses in the digital age.

While trademarks can protect names and logos, and copyright theoretically covers written content, the practical reality of enforcing the law often favours those with deeper pockets.

Mission statements, business philosophies and the unique language entrepreneurs use to explain their work exist in a grey area – protected in theory, but difficult and expensive to defend in practice.

The lawyer's view

Gosia Evans is a senior contentious intellectual property lawyer at Harper James. We asked her to explain.

"Many founders assume the law can protect their 'business philosophy' or concept. But that isn't the case.

"There are no automatic IP rights in an idea, a model or a set of principles, however original it feels.

"IP rights may exist in an expression of such idea or philosophy if it's been recorded – for example, copyright in original literary or artistic content, rights in branding (names and logos), product design, inventions and confidential know-how.

"In relation to copyright, two points are worth noting.

• First, in the UK copyright is not registrable: it arises automatically when an original work is created by its author.

• Second, the burden of enforcement sits with the owner.

"If someone copies your content, you need be in a position to provide evidence that you created the work in which copyright subsists, when you created it and evidence of infringement.

"The reality is that the more successful your business becomes, the more likely it is to become a victim of copyright or other IP-rights infringement. This risk is only increasing in the era of AI.

"The best protection is being prepared, which means clear contracts covering IP rights, good record-keeping (drafts, timestamps, version histories) and a clear plan for how you respond, including obtaining early and quality legal advice."

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