Is the law the right way to protect a brand?
Alex Brownsell writes an interesting article in this week's Marketing Magazine online here. I completely understand that an obvious breach of copyright, trademark infringement and the like must be protectable by law. But, thinking that a legal defence in all but the most obvious situations is the right way to protect a brand, is a road to ruin. Catriona Northridge comments that a confident brand can even be strengthened by imitators. Exactly. Get their first, develop your brand values, get consonance across all areas of the brand (product, packaging, branding).
Other brandowners (or in this case own label retailers) will copy you. It's the name of the game. They will try to ride on the back of your hard work; they will try to cannibalise your sales. Expect this, but don't capitulate - do develop the potential of your brand - make it wanted by consumers - use research to demonstrate the pull factor to the retailer - above all, help the brand maintain a premium such that the margin remains attractive through your product.
If you take a retailer to court for an infringement you might just win a battle, but not the war.