The Dupes and Don’ts of Good Branding

ByMarkport

Trademark infringement goes beyond just logos and names. Packaging, product appearance, and even marketing terms can be grounds for legal action. Businesses that imitate popular products too closely, even if unintentionally, risk serious legal consequences. MCoBeauty, an Australian beauty brand, has experienced firsthand the fine line between inspiration and infringement by offering affordable “dupes” of high-end beauty products. While this approach has contributed to its growth, it has also led to multiple legal battles over trademark infringement and passing off.

For small businesses or SMEs, understanding the full scope of trademark protection is crucial. Building a successful brand requires more than just creative products; it demands responsible trademark management to avoid costly disputes. Protecting your brand’s identity and ensuring that your packaging, product design, and marketing terms do not infringe on existing trademarks can prevent legal challenges and help your business thrive.

How to Avoid Infringement: Responsible Trademark Management and Brand Design

MCoBeauty’s experience serves as a clear example of how pushing the boundaries of imitation can result in legal trouble. The company faced two significant lawsuits in 2021. The first was filed by US cosmetics brand Tarte, which claimed MCoBeauty’s concealer packaging was too similar to its own “Shape Tape” product, leading to potential confusion among consumers. The second case was brought by Australian brand Chemcorp, which argued that MCoBeauty’s “2000Hours” lash and brow kit infringed on its established “1000Hour” trademark.

In both instances, MCoBeauty settled the disputes out of court, but not without making changes to its product designs and packaging. These cases underscore the importance of considering all aspects of your brand, not just the logo or product name. As a small business, it’s essential to conduct thorough trademark searches, seek legal advice, and ensure your products and packaging are distinctive enough to avoid infringement.

MCoBeauty’s story is not unique. Aldi, a global supermarket chain, uses a similar strategy of creating budget-friendly alternatives to popular products. Aldi has faced legal challenges as well, such as the 2019 lawsuit from luxury beauty brand Charlotte Tilbury, which accused Aldi of copying its “Hollywood Flawless Filter” product. However, Aldi has managed to avoid significant legal repercussions by making subtle changes to its product design and packaging. This demonstrates how careful attention to detail can help businesses create competitive products while staying on the right side of the law.

How Small Businesses Can Learn from MCoBeauty and Aldi

Small businesses and SMEs can draw important lessons from MCoBeauty and Aldi. While creating affordable alternatives to high-end products can attract consumers, it is critical to ensure that your brand’s identity remains legally distinct. This includes not only your logo and product name but also your packaging, product appearance, and even the marketing language you use. By taking the time to conduct proper trademark searches and getting professional legal advice, you can protect your business from the risk of lawsuits and build a strong, original brand.

Furthermore, brands should recognise that trademark infringement can occur in unexpected ways. Packaging design, product shapes, and even the words used in your marketing can lead to claims of passing off or consumer confusion. Both MCoBeauty and Aldi have shown that making even small adjustments to these elements can help avoid legal risks, ensuring that your business remains competitive without infringing on the rights of others.

What We Offer: Trademark Protection and Design Services

At Markport™, we specialise in helping small and medium-sized enterprises (SMEs) safeguard their brand identity through comprehensive trademark protection and design services. Our goal is to ensure that your business can thrive in competitive markets while avoiding legal disputes related to trademark infringement. We offer tailored solutions to help you maintain a distinctive, legally protected brand that resonates with your audience.

Our services include:

  • Conducting thorough trademark searches to confirm that your brand elements are free from potential conflicts.
  • Assisting with trademark registration to legally protect your brand’s identity.
  • Designing logos, packaging, and other brand elements that reflect your business’s values while minimising infringement risks.
  • Providing ongoing legal advice to ensure that your trademark rights are enforced and protected as your business evolves.

With expert support from Markport™, your brand can stand out in the marketplace while remaining fully compliant with trademark laws. To learn more about how we can help protect your brand, contact us at:
https://markport.com.au/contact-us/