Competitors copying your products is often an intellectual property violation. You may have exclusive rights to manufacture that product, but fakes and knockoffs are a constant threat and can have a major impact on your brand reputation and your overall sales.
A similar area to consider is if a competitor copies your packaging. Even if the specific product that they are offering is unique, this can be a form of intellectual property infringement because it is designed to manipulate buyers. If the packaging looks too similar, they may believe they are buying something that your company has produced, leading to intentional consumer confusion.
Trade dress infringement
This type of issue is often referred to as trade dress infringement. It just refers to how a product is marketed or “dressed up” to be put in stores and other retail centers.
For example, different companies that make drinks and beverages use unique bottle shapes or designs. These are identifiable at a glance to their dedicated customer base.
A competitor may not copy the actual recipe for the drink, and they may certainly use their own name or description, meaning they are not claiming to offer the exact same product. But if they choose similar packaging and bottle styles, it could be an effort to deceive consumers who are just quickly grabbing items off the shelf.
Taking legal action
Trade dress infringement can be complicated, especially if the other company claims that their design is not intentionally similar and should not confuse any consumers. If your company has been facing these types of issues, it is important to know what legal steps to take.