Written by Managing Brand Protection Counsel, European Trademark & Design Attorney Patrick Lykke.
The term “counterfeit goods” is often used broadly, and it is not necessarily incorrect. However, if someone copies your product, your options for taking action will depend, among other things, on the type of copy or infringement involved.
Is it:
- a counterfeit that purports to be your product?
- or a product imitation that does not use your brand name but copies the appearance of your product?
Both forms of copying can have serious consequences because your customers may not necessarily be able to distinguish the original from the copy. This can harm your revenue, your brand and your customers’ trust.
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Counterfeits
Counterfeits are commonly associated with traditional counterfeit goods, where both the product and the brand are imitated. These are typically very close copies that can be difficult to distinguish from the original. If your brand appears on a competing product or its packaging, the product is a counterfeit, regardless of its appearance.
What can you do?
When it comes to counterfeits, you are in a stronger position if your trademarks are registered, as registration gives you the exclusive right to the trademark, such as a name or logo. Depending on the circumstances, protection may also be available under the Danish Marketing Practices Act.
Product imitations
Product imitations, also known as knock-offs, may arise, for example, when the appearance of your product is copied but the imitation is sold under a different brand.
What can you do?
A design registration can provide protection against product imitations by giving you the exclusive right to the appearance of the product or its packaging.
Registration does not guarantee that your products will not be copied. However, it puts you in a stronger position because you can document your rights if a dispute arises.
A design registration can also have a preventive effect, for example if you work with defensive design registrations. This involves registering design variants that are close to your own product without being direct copies. Put simply, this can also protect you against a design that a competitor might otherwise launch to capture a share of the market.
Design protection is often overlooked. However, it can be particularly relevant when a significant part of a product’s value lies in its shape, visual appearance or packaging.
Are you unsure which parts of your product or packaging may be eligible for design protection? Read more about design registration, or contact us for an initial assessment.
