Trying the most complex issues
for over 30 years.

Trying the most complex issues for over 30 years.

Taking action when competitors try to trick consumers with ‘dupes’

On Behalf of | Oct 5, 2024 | Intellectual Property

A unique product design, enhanced effectiveness and other special features can make one product stand out from the competition. Consumers might enjoy the packaging marketing campaign a company puts together. They may grow to trust the unique quality of a particular product.

Unfortunately, almost as soon as consumers establish brand loyalty for a specific product, competitors may attempt to capitalize on the success of the original business. In many markets, businesses attempt to create knock-offs or dupes of successful products. In some cases, those duplicate products infringe on the intellectual property rights of the original company.

When do dupes cross the line and become an actionable form of intellectual property infringement?

When competitors violate trademarks or copyrights

People only need to look at the designer handbag industry to see how readily those producing knockoffs might violate the trademarks of existing brands and businesses. They may pay to have a company print fabric that looks identical to the prestige resources used by an existing brand.

Other times, the infringing items might be in packages intended to duplicate the actual packaging established by a legitimate brand. Companies might even infringe on copyrighted materials by recreating marketing copy or using the videos, images and music produced by the original brand.

When competitors reverse engineer products

If a product has patented concepts integrated or if the product itself has patent protection, competitors may not be able to offer the same product or even a similar one. Some companies hire the same factory to produce knockoff products.

Others might pay for professionals to reverse engineer a product and figure out how it works. In the scenarios where duplicate products infringe on a company’s intellectual property, it may be possible to take legal action.

Organizations can ask the courts to prevent continued infringement and may even be able to request compensation in the form of damages. The revenue lost by consumers purchasing duplicate products or the brand damage caused by consumer confusion could contribute to the damages sought in a lawsuit.

Reviewing duplicate products and competitor behavior with a skilled legal team can help organizations determine if an intellectual property violation has occurred. Litigation is sometimes necessary in scenarios where competitors violate the rights of those who have developed a strong brand or a unique product.

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