1. Home
  2.  » 
  3. Business Litigation
  4.  » Can a competitor release a product that looks just like yours?

Can a competitor release a product that looks just like yours?

On Behalf of | Jan 18, 2023 | Business Litigation

Maybe your business has a trademarked logo and possibly even a patent for one of its unique products or formulas. Your business has invested thousands in marketing efforts to make the public aware of your products and create interest in your brand.

All of that work could end up undermined in a matter of days if an unethical competitor tries to release a product that looks exactly like yours. In a scenario where there is another product on the market that confuses consumers because of its packaging or design, it may infringe on your copyright and trademark protections in some cases.

Even if you cannot take trademark-related legal action, you may still be in a position to take action against your competitor for unfair business practices.

Just how similar is their packaging?

Having physical examples of the product that looks almost identical to yours can help your company fight back against unfair competition. The more proof you have that this other product looks similar enough to your own to confuse consumers, the easier it will be for you to hold the business accountable for its deceptive marketing practices.

Especially if their products are of significantly lower quality, the actions of the company duplicating your design could do real damage to your brand. Records of consumer complaints or returns from retailers that turn out to be knock-off products could also help you prove to the courts that the product released by your competitor has started to impact your company’s reputation and profit margins.

How the courts can help

Once you prove that another business has engaged in unfair practices by attempting to deceive consumers and impersonating your brand, you will be in a good position to ask the courts for support. A judge can order the other party to cease selling products that look like yours and to change their packaging.

More importantly, a judge can also award you damages. You can receive compensation for brand damage and lost sales your company experienced because of the actions of this competitor. Their actions to extract short-term profit from the industry in which you operate could damage your brand and reduce consumer trust in the type of product that you produce.

Your company should not have to absorb the losses that occur because of another business’s intentional misconduct. Fighting back against unfair competition can both reimburse your business for losses and create consequences for those operating their companies in an unethical manner.