When imitation goes beyond registered rights
Competitors sometimes stay just outside the scope of a registered trademark while still copying the overall look of a product, its colour scheme or its marketing. Others present their goods as connected to an established brand when no connection exists. These practices can mislead customers and take advantage of a reputation built over years.
We assess such situations as a whole. A claim may combine registered rights with principles of fair trading, consumer protection and contractual obligations, depending on the facts. The aim is to find the route that most effectively stops the conduct.
Situations we advise on
- Lookalike packaging and trade dress that imitates an established product
- Use of confusingly similar trade names, domain names or social media handles
- Misleading statements suggesting endorsement, origin or affiliation
- Misuse of confidential information or trade secrets by former employees or partners
- Disputes with former distributors who continue to present themselves as authorised
Protecting confidential know-how
Much of a company's value lies in information that is never registered: formulas, supplier terms, customer lists and technical know-how. Protection depends heavily on contracts and internal practices. We help businesses review confidentiality clauses, employee agreements and distribution contracts, and act when confidential information is misused.
Domain names and online identity
Online, imitation often takes the form of lookalike domain names, marketplace stores or social media accounts. We help recover or disable such assets through the procedures available, and advise on registering defensive names before problems arise.
Prevention as strategy
The strongest position in an unfair competition dispute belongs to the business that prepared for it. Distinctive branding that is properly registered, clear contracts with partners and staff, and a record of how your products have been marketed all make enforcement faster and more certain.
Frequently asked questions
Can I act against lookalike packaging without a registered trademark?
Possibly. Depending on the facts, other principles may apply, but registered rights in your mark and, where possible, your packaging design make enforcement considerably easier.
A former employee took our customer list. Is that an IP matter?
It can be. Misuse of confidential information is often addressed through a combination of contractual and legal claims, which we assess together.
Someone registered a domain name similar to our brand. What can we do?
There are procedures to challenge abusive domain registrations. The right approach depends on the domain extension and the evidence of bad faith.