How to deter copycats and protect your brand value
This article was first published on e27.
Imagine pouring your heart and resources into building a brand and product you’re proud of, only to see a knock-off benefitting from your hard work and chipping away at your market share. For many businesses, this is an all too familiar reality.
Copycats can take a real toll on your business. Counterfeit products might confuse your customers into buying lower-quality products, tarnishing your hard-earned reputation. Worse still, they can damage the trust and unique identity that set your brand apart.
So, how can businesses fight back in a world where intellectual property (IP) theft is so rampant? While you can’t completely prevent others from copying you, there are practical strategies you can take to discourage imitators and protect what you’ve built.
4 practical measures to deter copycats
Fending off copycats involves more than just preventing counterfeit goods – it’s about safeguarding the assets that define your brand. Your IP is one of your most valuable assets, encompassing a range of elements such as copyrights, patents, proprietary data, and customer relationships.
These elements shape your brand’s identity, fuel innovation, and give you a competitive edge. One of the easiest and most impactful steps you can take is prioritising trademark protection, setting a strong foundation for safeguarding everything you have built.
1. Prioritise protecting your trademark
Start by securing your trademarks so that you can exercise your rights to stop others from using them without permission. Use the ® symbol on your products, services, and packaging in the countries where your trademarks are registered. For unregistered trademarks that make your brand unique, use the “TM” symbol. Additionally, highlight your trademarks by including clear statements about their registration on your website, and product and service descriptions. These steps signal to others that your IP is well-guarded.
However, it is important to note that unregistered trademarks offer limited protection. They are only protected under common law in certain jurisdictions, typically through passing-off claims, which can be challenging to prove and enforce.
2. Regularly monitor marketplaces, online platforms and beyond
The internet has made it easier for copycats to exploit brands, but protecting your brand requires vigilance across all channels. By actively monitoring e-commerce platforms, social media, and physical retail spaces and suppliers, you can stay one step ahead.
You may consider using IP watch services to streamline this process for you, helping you to quickly spot and address counterfeits and infringements before they cause serious harm to your reputation and market share.
3. Take action fast on brand infringement
The moment you spot someone infringing on your rights, act quickly! You can take proactive steps such as filing removal requests, issuing cease-and-desist letters, or using marketplace policies to shut them down. Fast action minimises damage and shows that you mean business when it comes to protecting your brand. Working with legal experts can give you the confidence to take the right steps to handle any disputes.
It’s also worth noting that a dispute can be resolved without going to court. Alternative methods such as negotiation, mediation, and arbitration offer cost-effective and efficient options.
4. Stay vigilant – protecting your brand is a continuous effort
Brand protection isn’t a one-time thing — it takes continuous commitment. Make monitoring and enforcement part of your operations to counter these brand threats. Consider equipping your team with the right tools and IP training to boost your internal capabilities.
A vigilant, proactive approach will raise the barriers for copycats and competitors, making it harder for them to replicate or exploit your brand.
Get complimentary IP advice from experts at Connect @ IP Grow
Join Connect @ IP Grow on 3 – 4 March 2025 at the National Library, where you can meet one-on-one with IP professionals for free 45-minute consultations.
With free talks led by industry leaders and networking opportunities, this event offers the perfect opportunity to strengthen your brand’s defences. Gain tailored advice, connect with IP experts, and uncover strategies to protect and maximise your IP. Attendees will also enjoy an exclusive networking lunch. Registration is complimentary. Slots are limited — register here now!
Connect @ IP Grow is a signature event under GoBusiness IP Grow, an online government marketplace that connects enterprises with the right intangible assets (IA) and intellectual property (IP) solutions.
This article is accurate as at 5 Feb 2025
