Copycat Products: What You Can Do If Someone Copies Your Design

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Copycat Products: What You Can Do If Someone Copies Your Design

If you’ve ever walked into a store and thought, Wow, that looks just like my product!—you’re not alone.

Lookalike products (also known as copycat products) are a massive headache for businesses.

And, let’s face it, they dilute your brand, confuse customers, and let competitors profit from your hard work.

So what can you do?

Of course it all depends on the faces of the case.

There is one case that is particularly intersting when it comes to this areas and we will talk about it here.

The Bodum Coffee Plunger case and copycat products

French company Bodum makes stylish glass coffee plungers that many of us know well. But then came DKSH Australia, selling a lookalike product at Aldi that had the same transparent glass beaker, black handle, and plunger design.

Bodum wasn’t happy and it sued for passing off and a breach of Australian Consumer Law (ACL), section 18, arguing that the lookalike product misled customers into thinking it was a Bodum product.

The first court decision went in Bodum’s favour and the judge agreed that the copycat product was deceptively similar, which could mislead consumers. But DKSH Australia appealed the ruling, and the legal battle continued.

The case went to appeal and the key issue in the appeal was whether consumers really believed the Aldi product was Bodum’s. The court had to ask:

• Would a consumer think they were buying a “Bodum” plunger?
• Or would they just see it as generic?

The appeal court ruled in favour of Bodum.

How to Protect Your Product From Copycats

The good news is that if someone is selling a lookalike product that mimics your design, you may have legal options. It is worth noting that the judge in the case said that the resemblance between the two products was not coincidental but designed to capitalise on Bodum’s market position.

How Sharon Givoni Consulting Can Help

At Sharon Givoni Consulting, we help businesses fight against copycat products and lookalike products. If someone is copying your product, we can:

• Assess your legal options under trade mark, design, and consumer law
• Draft strong letters of demand
• Advise on trade mark and design registration to prevent future imitations
• Represent you in court if necessary

If you’re facing lookalike products or copycat products, get in touch.

Protecting your brand and stopping competitors from taking shortcuts at your expense is what we do best.

Please note the above article is general in nature and does not constitute legal advice.

Please email us info@iplegal.com.au if you need legal advice about your brand or another legal matter in this area generally.