Trade Secrets

How to Protect Viral Products from Copycats

Max Steinhausen

A revolutionary product can gain popularity almost overnight, thanks to social media and online platforms. However, this virality can also be a double-edged sword. The very channels that spread the word about your product also expose it to a larger audience of potential copycats. Protecting viral products from imitation is crucial for maintaining brand integrity, profitability, and innovation. Here's how you can fend off the imitators and keep your product unique.

1. Secure Intellectual Property Rights

Before launching any product, ensure that you have taken steps to secure your intellectual property (IP) rights:

  • Patents: If your product has a novel function, method or technology, consider applying for a patent. This will give you the exclusive right to use the function, method or technology for a certain period.
  • Designs: If your product has a novel design, consider applying for a design registration. This will give you the exclusive right to produce and sell the product design for a certain period.
  • Trademarks: Protect your brand name, logo, and any other distinctive signs. This ensures that copycats can't use your branding to confuse customers.
  • Copyright: If your product involves creative content, ensure it's copyrighted. This prevents unauthorized reproduction and distribution.
  • Trade Secrets: Keep certain aspects of your product or process secret, especially if they give you a competitive advantage. Consider signing Non-Disclosure Agreements (NDA) with any third party you wish to discuss your product or invention with.

2. Rapid Market Penetration

The faster you can get your product out there and into the hands of customers, the better. Establishing a strong market presence early on can deter potential copycats because they'll see the market is already dominated by your product.

3. Maintain Quality

One way to stay ahead of copycats is by offering superior quality. If your product is not just unique but also better in terms of performance, durability, or other qualitative factors, customers will have a strong reason to choose your product over cheaper knock-offs.

4. Build Strong Brand Loyalty

Cultivate a loyal customer base. Engage with your customers on social media, offer excellent customer service, and create a brand story that resonates with them. When customers are emotionally invested in your brand, they are less likely to be swayed by imitations.

5. Constantly Innovate

Stay ahead of the curve. If you're continually updating and improving your product, copycats will always be one step behind. By the time they replicate one version of your product, you'll already be on to the next big thing.

6. Legal Vigilance

Monitor the market regularly for potential infringements. If you find copycats, act swiftly. A cease and desist letter from your IP Lawyer can often stop infringers. If that doesn't work, be prepared to take legal action to protect your rights.

7. Educate Consumers

Sometimes, consumers may not even realise they're buying a knock-off. Use your platforms to educate them about the unique features of your product and how to spot fakes.

8. Collaborate with Online Platforms

Work with e-commerce platforms to take down listings that infringe on your IP rights. Many platforms have procedures in place for brands to report counterfeit products.

9. Diversify Distribution Channels

Don't put all your eggs in one basket. By diversifying where and how you sell your product, you reduce the risk of copycats dominating a particular channel.

10. Cultivate Relationships with Suppliers

If you have a unique manufacturing process or specific components, building strong relationships with your suppliers can deter them from working with copycats.

In Conclusion

Protecting a viral product from copycats is a multifaceted endeavour that requires a combination of proactive strategies and reactive measures. By prioritizing intellectual property rights, focusing on quality, and keeping an eye on the market, you can ensure that your product remains unique and continues to thrive in the face of imitation.

Partners & IP Offices

We work with partners and IP Offices around the globe.

IP Australia  s

I've been working with Max and the team for a number of years now. They have helped me with multiple trade marks, objections/challenges and advice around the technicalities of the law. I would highly recommend talking to them if you're looking for great customer service, advice and results!

Mathew Stillone
Founder/Managing Director, Integrity Food Co.

Thank you to Max and the whole team! Your work is always of a high standard, professional and timely. I highly recommend Max and the team to any organisation needing IP support!

Anthea Thomas
Director, Hypnobirthing Australia

Excellent service, great result. We initially had issues with our trademark and called them to lodge a declaration to support the mark. Our mark was finally accepted and we believe this was only due to the thorough and detailed documents that were submitted to the trademark office. Great work!

Jason Morrisby
Founder/ Director, Mask Co.

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