How to combat knock-off products
how to combat knock-off & imitation product
Steps your brand can take to deal with knock-off and copycat products
As sourcing, manufacturing, and selling products online becomes easier and easier, we are seeing more established brands come under the threat of knock-off and copycat products. These new brands are creating sub-par products and undercutting your product and value. Tactics like this may not only damage your brand, but an entire category (in some cases products may be dangerous), leading consumers to have less trust in similar products, regardless of the quality of materials, research and development you have invested so heavily in.
Below are a few tactics you can take to take on these poor-quality products and rise above these fly-by-night brands.
Outward facing communications: Public relations and earned media
Increase language around unique features and benefits.
Up-level words like 'the original' and 'the most advanced.
Up-level any patent or patent pending messaging.
Do not address the competitor directly (no need to give them free media) - this may come across as petty in some cases.
We often see with building a strong brand and community that your audience will call out these knock-offs organically.
Shift the conversation to innovation and continue to drive product development - make it clear your product the best designed and tested on the market.
Owned channel communications: Website, Email, Social Media, etc
Add copy to product detail pages and landings pages around features and benefits, patents, technology, and any unique selling points.
Create content around unique selling points and patents - video, infographics, testimonials.
Create content around your unique R&D process, materials, high standards, and the people behind the brand and products.
Up-level any patents or patents pending messaging - text and badges.
Relay key patents / selling points to ambassadors and athletes and other marketing channels.
Internal affairs:
Defend any patents and trademarks that are infringed on - yes, you may need a lawyer.
Be careful who has access to upcoming products - sometimes even canceled products make their way to the market via a competitor.
Establish good relationships with retailers and vendors, especially with channels such as Amazon. They can help protect your IP and work to take down products that violate your patents.
Communicate clearly with your employees, reps, and stakeholders on the actions and reasons you are taking.
Do you need a lawyer? Things to consider:
The short answer is yes. When brands fail to protect and defend trademarks, contracts, and patents, this may mean lead to more knock-off products. However, take care with which legal tactics you administer to avoid coming off as a bully or being heavy-handed.
Occasionally a trusted partner will create a private label product that you may consider a ‘knock-off’ product. In this case, a simple phone call to your retailer or partner to explain your concern may be enough to have them reconsider.
In some cases, such as a trademark infringement, your best efforts to settle quietly may not work out. For example, the Seattle Space Needle discovered a local coffee shop using a logo that was similar to the Space Needle logo. The Space Needle notified the business and offered to design and update the coffee companies logo for free, but did not get a response, so they moved ahead with the lawsuit, which led to the following headline: Space Needle sues WA coffee shop for trademark infringement - since then, the Space Needle has settled with the coffee shop in question.
Consult your public relations firm on any litigation - they can help navigate your communications plan and provide insights on what to expect.
Decide if litigation is worth the risk and whether or not there is a more creative approach. For example, when Backcountry.com sued several small businesses using the word ‘Backcountry’ in their business names, Backcounty.com was hit with headlines like: Backcountry.com sues anyone who uses its namesake. Is it bullying or just business?. This was a major hit to the reputation of Backcountry within the outdoor industry.
These are all things to consider when combating imitation products and infringements. These are never fun or easy conversations to have but are important to discuss and plan for as your brand grows and launches new and innovative products.