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Evidence is material that supports your side of the claim, or disproves someone else’s side. You should only give evidence that is relevant. Keep it focused on the facts of the dispute.

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Investor Interest Challenges: Investors might be hesitant to fund a stealth startup without concrete evidence of market demand or a proven track record, making it more challenging to secure funding.

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If someone who isn’t a participant in your claim refuses to give evidence that you think is relevant or important, you can try sending them a Summons. Ask your CRT case manager for an official Summons form. If they still refuse to give the evidence, a tribunal member may be able to order them to provide it.

Delayed Brand Awareness: The lack of public presence can result in slower brand recognition and customer acquisition once the startup eventually launches.

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Stealth mode is a strategy adopted by some startups to operate in secret, keeping their products, ideas, and plans under wraps from the public and even potential investors. While it can offer certain advantages, it also comes with its fair share of challenges.

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There are risks if you change your evidence. For example, if you redact something, a tribunal member might decide that you blacked it out because it’s not helpful for your side of the claim.

If you change your evidence, you must describe the changes in your arguments. You can’t change evidence and present it as if your changes were part of the original.

Tribunal members consider how reliable and persuasive your evidence is. For example, you might have a witness who wants to stay anonymous, but witness statements are often more persuasive if they contain the witness’ name, signature, and date.

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A quick scroll through your LinkedIn feed and I am sure you would come across one or more posts with the term “stealth mode”. So what is this stealth mode? Let’s dive more into this trending term.

Intellectual Property Protection: By operating in stealth mode, startups can safeguard their innovative ideas and technologies from competitors who may attempt to replicate or capitalize on their concepts.

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Talent Recruitment Difficulties: Hiring top talent might be more challenging if the startup’s mission and vision are shrouded in secrecy.

If you’re a participant in a CRT claim, you may want to start gathering your evidence early, so you’re ready when it’s time to upload it.

Confidentiality with Investors: In some cases, startups may choose to disclose their ideas only to select investors under strict Non-Disclosure Agreements (NDAs). This approach ensures greater confidentiality and reduces the risk of idea theft.

The CRT must balance the need to protect participants’ sensitive information with the need for the public to see how the CRT makes its decisions. We may decide not to release some information publicly. This depends on the potential harm to the affected person. For example, our decisions usually refer to non-participants by only their initials, not their full name.

Evaluate Intellectual Property: Consider the uniqueness and potential value of your intellectual property. If it’s a critical asset that needs protection, stealth mode could be a suitable choice.

Evidence supports your side of the claim. If you don’t submit evidence, you might not get the decision you want or feel you deserve.

For some claims, you may also want to consider getting expert evidence. This is a neutral opinion from an expert, based on their experience and qualifications.

Let’s explore the benefits and the downsides of going stealth, and provide insights to help founders decide whether this approach aligns with their startup’s goals.

Competitive Landscape: Assess the competitive landscape and the risk of exposing your idea prematurely. If the market is crowded or prone to rapid imitation, stealth mode might be more advantageous.

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Stealth mode can be a powerful approach for certain startups, offering protection, focus, and a competitive advantage. However, it also comes with trade-offs like limited market validation and investor interest challenges. Startup founders should carefully weigh the benefits and downsides based on their unique circumstances, seeking advice from trusted advisors to make an informed decision that aligns with their startup’s goals.

Competitive Advantage: Staying hidden can give startups a competitive edge as they develop their unique offerings without revealing their hand to potential rivals.

The CRT Rules say that you must give all relevant evidence, even if it might hurt your case. It’s an offence under the Civil Resolution Tribunal Act to give the CRT false or misleading information.

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Focus on Development: Without the pressure of public scrutiny, stealth mode allows founders and teams to concentrate on refining and improving their product or service without distractions.

Limited Market Validation: By operating in secrecy, startups miss out on the opportunity to test their product or service with a broader audience, potentially leading to missed insights and a misalignment with market needs.

Early Feedback Control: Founders can carefully choose a select group of trusted advisors, customers, or industry experts to provide valuable feedback.

Team Comfort: Consider your team’s comfort level with operating in stealth and their ability to maintain confidentiality during this phase.

Only the participants in a claim can view the evidence that’s been submitted. We don’t share evidence with non-participants, the public, or the media. Learn more about information access and privacy.

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Market Readiness: Assess the level of market readiness and the necessity for early feedback. If your startup needs extensive testing and validation, going public might be more beneficial.

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If your witness won’t agree to be identified, you may decide to submit the anonymous statement and explain in your arguments why they don’t want to be identified. The tribunal member will consider your explanation when they look at the evidence.

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Increased Pressure on Launch: The buildup of anticipation during the stealth phase can place additional pressure on the startup to deliver exceptional results upon launch.

If you’re not sure what evidence you should submit for your claim, you may want to get legal advice. The CRT can’t give legal advice, tell you what kind of evidence would help your case, or help you get evidence.

The CRT Rules don’t prevent you from changing your evidence. For example, you could highlight or circle something that you want to bring attention to. Or you could redact (blur or black out) something you don’t want to share, such as personal information.

Funding Requirements: Analyze your funding needs and the potential impact of operating in stealth on investor interest. Seek feedback from advisors and potential investors to gauge their preferences.