For many entrepreneurs, taking the leap into overseas manufacturing is an exciting milestone. Likewise, a wave of attention, whether from a Shark Tank appearance or a viral product launch, can be a huge growth opportunity.
But with that growth comes a critical risk: being copied.
Whether you’re sharing your designs with overseas factories or simply gaining visibility online, your product is now on the radar. And unfortunately, no one is completely immune from infringement.
So what can you do to protect your concept, your designs, and your creative assets from copycats?
Let’s walk through the key risks, and most importantly, how to minimise risk of counterfeits online.
Why the Risk of Copying is Real
Once your product is in the world, especially if you’re working with overseas manufacturers, it becomes easier for bad actors to replicate it.
- Designs are often shared directly with factories, making it easier to reproduce the product, or even tweak and sell it under a different name.
- Photos and digital artwork can be scraped online or shared by suppliers, giving others what they need to list a counterfeit version of your product.
- Physical samples only need to be purchased once to be reverse engineered, a mould can be made, and production can begin, sometimes without your knowledge.
This isn't just a worst-case scenario, it’s a common one. But there are smart steps you can take to lower your risk and build a strong IP moat around your product.
How to Minimise the Risk of Being Copied
Whether you’re just starting out or scaling up after a major feature or sales spike, the following steps will help you lock down your IP and keep control of your brand.
1. Take Your Own Product Photos
- Never ask your supplier to take product shots. Suppliers then own the copyright to these images and these can be used or sold to anyone without your permission.
- Store all original photos, even the unused ones, in a cloud-based folder, not just on your computer.
- Why keep the unused photos? They can serve as proof of ownership if your images are ever stolen, especially when accompanied by metadata like timestamps and camera details.
2. Protect Your Original Artwork
- If you create your own designs, for example in Illustrator or Photoshop, take dated screenshots of your files during the design process.
- Save these screenshots in the same cloud folder as your photography for easy access and evidence of creation.
- If you’re hiring a third-party designer, make sure you get a copyright assignment agreement, signed by the creator. Ensure it clearly states that the copyright is transferred to you once the work is completed.
3. Secure Your IP for Functional Products
If your product has a functional or mechanical element, it may be eligible for patent protection.
- File for a patent before you start manufacturing or selling. Publicly disclosing the product can limit your ability to protect it later.
- If you're still in early stages, consider filing a provisional patent application to establish a filing date while you continue developing your product.
4. Register Trademarks Early, and Globally
- Your brand name, logo, slogan, and even packaging style can be protected by trademark.
- Register trademarks in all current markets and in countries where you may expand in the future.
- Trademark squatting is common, especially in regions like China, so it’s important to act early, even if you’re not selling there yet.
What to Do If You’ve Been Copied
If you've discovered that your product, photos, designs or brand have been copied, it's natural to feel overwhelmed, but you're not alone. IP Moat is built to help take back control of your brand.
Here’s how to respond effectively, using IP Moat:
1. Don’t Panic and Document Everything
Before taking any action, make sure you have all your IP to prove ownership of your product or your photography such as:
- Your original design files, product images or artwork
- Any relevant metadata (timestamps, file creation dates, etc.)
- Proof of IP ownership (e.g. trademarks, copyright assignments, patent filings)
If you're unsure what counts as valid proof drop the IP Moat team an email at hello@ipmoat.ai and they can guide you. The team have expect knowledge of know what platforms and marketplaces look for when processing a takedown request.
2. Get a free Counterfiet Audit from IP Moat
Once you’ve collected your evidence, signup for a FREE Counterfeit Audit here.
IP Moat will search the major online marketplaces for infringements of your products and bring them back into your dashboard. Giving you an idea of the scale of your infringement problem.
3. Use This as a Wake-Up Call for Prevention
Being copied can be a turning point. Once you’ve taken action, it’s the perfect time to make sure your foundations are secure:
- Register additional Trademarks in the countries you sell or plan to sell.
- Ensure copyright ownership of your design and creative assets is clearly documented.
- Ensure you search online marketplaces weekly for emerging infringements of your IP, or sign up for IP Moat to do it for you. Either way, stay vigilant because copied products can happen to businesses of all sizes. Make sure you're protected.
