IP protections help fight off counterfeiting – registration and enforcement proactively protect products

[Rachel, 8/2/2022, Forbes, “The Impact Of Fakes And How To Combat Them”, https://www.forbes.com/sites/forbesbusinesscouncil/2022/02/08/the-impact-of-fakes-and-how-to-combat-them/, accessed 7/8/2024, LR]

Combating Counterfeits

The unfortunate reality is that counterfeits will always be a challenge for businesses. Scammers are always looking for new ways to bring in money and if they see you have developed a successful product, they will want to jump on the bandwagon. Businesses shouldn’t be ashamed if they discover this is an issue. It can be heartbreaking for a business owner, but you can take action to help yourself; you also must be honest with your customers to prevent them from being tricked by fraudsters.

Most important is making it super clear where and how to buy genuine products. Try Googling your brand with the words "cheap," "alternative" and "copy" and if you’re horrified by the results, make changes to your SEO so your website appears first and the benefits of buying the genuine product are clear. If you mention counterfeits on your website, don’t give away every detail that proves they're fakes, as fraudsters will improve their own versions. However, it may be worth mentioning issues around non-compliant or false certification associated with copies, as well as anything else — supply source, ingredients, etc. — that can be substantiated.

Do register as much of your intellectual property as you can — certainly in every region in which you trade and, if you can, also in regions from which counterfeits may emanate (often China, but not always). Register your brand name as a word and with logo(s), as appropriate, as well as design elements.

Be super aware of online fraud. Scan online marketplaces for duplicate and counterfeit versions of your product and check domain names regularly. You can remove copycat products, sellers and domains with relative ease, proving originality using your intellectual property; this saves your customers from fakes and your business from reputational damage and diverted revenues.

Counterfeits are a threat to every product-producing business, but proactivity around registering intellectual property, constant monitoring of domains, social media and marketplaces, taking action when and if fakes and rip-offs appear and keeping customers informed all go a long way toward ensuring continued customer safety, business viability, reputational value and growth.