We see it frequently at IPTogether – a global chain of supermarkets copying the creative ideas of independent businesses that are smaller than them.
Our client is a family-run food manufacturer who offers a range of delicious meat and plant-based products, all produced on their farm in Yorkshire. They supply to major supermarkets in the UK, including Tesco, Sainsbury’s, Asda, and Morrisons, as well as selling direct to customers on their online shop.
The company had created a unique brand with product packaging that was both original and eye-catching. Through their branding and design, they had established themselves as a highly successful business within the food industry, known for their premium quality and great-tasting products.
But the company had a problem.
Their product packaging and brand identity were being copied by a notorious multinational private label company, who were selling an inferior imitation of their meat products with very similar packaging. At first, our client approached the company to express their concerns, but to no avail. As they did not have the correct IP protection in place, the private label company continued to use their brand’s likeness and product packaging.
Our Approach
This is where IPTogether came in. After being introduced to our client and understanding the details of their case, we immediately began an IP portfolio audit of their product packaging. This was carried out in order to get a comprehensive picture of the protection they already had in place and identify any gaps that ultimately left them vulnerable to copycats. From the audit, we uncovered significant IP weaknesses in their product packaging.
From this, our team of lawyers, which included one of our highly qualified Trade Mark Attorneys to lead the case, were all on hand to advise our client on the best steps forward. Using our years of experience as IP lawyers, we devised a regional IP protection strategy that gave our client the solid foundation they needed to go back to the company and request that they remove the offending packaging from their products.
Through careful and considered legal wording and professional approach, the company immediately responded to our letter, and both parties quickly came to a gentlemen’s settlement.
The Results
With the help of our team of lawyers and their extensive expertise in intellectual property law. Our client was able to effectively enforce their IP rights. The private label company has since removed the packaging from their products and our client’s packaging is now fully protected under a trademark and design intellectual property rights.
Through our expert legal support and portfolio management of our client’s IP assets, we achieved the following:
- Trademark application approval
- Swift settlement of copycat dispute
- Secured strategic brand protection for the business
Our work gave our client the peace of mind to focus on their business while leaving our expert team to do what they do best – ensuring that the client’s brand was protected from those looking to profit off their likeness. Through our sound legal advice and skilled strategy, we were able to safeguard our client from going through lengthy and costly legal action, and the dispute was settled in under four months.
“We have all been very happy with the work that you have done for our brand so far! We are in great shape thanks to you. Scaring off the notorious private label company was no mean feat.”
- Food manufacturing client
Having the right protection in place is key for all companies, but IP protection is multifaceted and not as simple as a one-sentence clause in a contract. You will need a combination of different forms of IP protection to get it right and make certain your brand and its IP are completely protected.
“It was a pleasure working with this client. The business had worked incredibly hard to turn their food manufacturing company into a success, and it was a privilege to help this family-run company protect their IP against a multinational organisation. When it comes to your company’s brand and IP, always consider your trade mark protection as a long-term investment. As it will pay off when well invested in.”
- Gifty Gakpetor, a Senior Trade Mark Lawyer and founder of IPTogether
Why Choose IPTogether
For small independent businesses like our client, it can seem like an uphill battle when a large organisation steals your IP. But as a business, you should never tolerate copycats. With the right team behind you, you can be confident in protecting your brand and company that you have worked so tirelessly to build.
At IPTogether, we are experts in IP, helping brands to effectively protect their intellectual property rights. With a renowned track record of success in securing effective enforcement of business IP rights from a wide range of industries and business sizes, from emerging startups to global brands.
If you would like to find out more about how you can use your intellectual property to grow your business or want to protect your brand get in touch here with our expert team of IP lawyers or call + 44 (0)330 133984.
To gain more insight into the world of intellectual property and how it can affect your business, find out how big name brands are combating IP crime in our blog Lessons From the Counterfeit Trenches.