You are here: Home > News > Building a strong cosmetics brand in a dupe culture
Building a strong cosmetics brand in a dupe culture
25 November 2019
According to market research, the global cosmetics industry is forecast to be worth $675 billion by 2020. However, the trend for bloggers and social media influencers to actively encourage consumers to buy cheap copies of higher-end products known as “dupes” has made creating and maintaining a strong, cosmetics brand particularly challenging. Dupes tend to have similar packaging to high-end brands, but the product itself is of lower quality and it is not unusual to find influencers and bloggers promoting them as affordable alternatives.
However, whilst bloggers’ enthusiasm for dupes could be seen as a threat to cosmetics brands, they can also play a role in promoting a new brand and helping it to build a loyal fan base.
So, how can newcomers use intellectual property (IP) to build a successful brand?
Start-ups / Independent businesses:
When deciding how to launch and promote a brand, start-ups and early-stage cosmetics businesses should consider IP protection.
There are three parts to successful IP protection:
1) marketing strategy;
2) trade marks; and
3) design protection.
Building a robust marketing strategy, which is distinctive and demonstrates use of a specific brand or product, can make achieving and enforcing trade mark and design registrations a much simpler process.
Trade Mark Protection:
A trade mark registration is intended to protect aspects of a brand or product that identify its source.
– What to protect?
This can include the brand name, marketing phrases and even hashtags that are associated with a brands product offering.
– Where to seek protection?
When seeking trade mark protection it is important to consider the growth plans of the business. For example, as well as seeking protection in the country where the product is currently being marketed, consideration should be given to where the business might wish to sell its products in the future.
Consideration should also be given to where the goods and product packaging are being produced. If the goods and packaging are produced overseas, it may be worth seeking trade mark protection in these territories too.
Design registrations can prevent others from copying the look and functionality of a product’s packaging. In order to protect a design, the packaging needs to be novel and this should be considered as part of the product development process. If manufacturing eyeshadow palettes for example, it may be difficult to create a packaging solution that is distinctive enough to secure protection, which means rivals could copy it without risk of infringement action.
Aligning your marketing and enforcement strategy:
Once a business has secured IP protection for its brand and products, it must then decide where to set the line when it comes to enforcing these rights. Whilst dupe products offered at a lower price point and quality may not have an immediate impact on profitability or a brand’s consumer base, it is important to consider the risk to reputation and the diluting effect electing not to enforce trade mark rights could cause to a brand.
Lesser-known brands who are still finding a loyal fan base, should consider enforcing their rights as soon as another brand or product looks or sounds too similar to ensure that they protect their market position as they grow.
If you require further information on anything covered in this briefing, please contact Marisa Broughton (firstname.lastname@example.org; +44 1179 253 030) or your usual contact at the firm. This publication is a general summary of the law. It should not replace legal advice tailored to your specific circumstances.
Necessary cookies are absolutely essential for the website to function properly. These cookies ensure basic functionalities and security features of the website, anonymously.
The cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Advertisement".
This cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Analytics".
The cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional".
This cookie is set by GDPR Cookie Consent plugin. The cookies is used to store the user consent for the cookies in the category "Necessary".
This cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Other.
This cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Performance".
This cookie is native to PHP applications. The cookie is used to store and identify a users' unique session ID for the purpose of managing user session on the website. The cookie is a session cookies and is deleted when all the browser windows are closed.
This cookie is used to check if the cookies are enabled on the users' browser.
Analytical cookies are used to understand how visitors interact with the website. These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc.
This cookie is installed by Google Analytics. The cookie is used to calculate visitor, session, campaign data and keep track of site usage for the site's analytics report. The cookies store information anonymously and assign a randomly generated number to identify unique visitors.
This cookie is set by Google and is used to distinguish users.
This cookie is installed by Google Analytics. The cookie is used to store information of how visitors use a website and helps in creating an analytics report of how the website is doing. The data collected including the number visitors, the source where they have come from, and the pages visted in an anonymous form.
16 years 5 months 12 days 13 hours 26 minutes
These cookies are set via embedded youtube-videos. They register anonymous statistical data on for example how many times the video is displayed and what settings are used for playback.No sensitive data is collected unless you log in to your google account, in that case your choices are linked with your account, for example if you click “like” on a video.
1 year 1 month
The cookie is set by addthis.com to determine the usage of Addthis.com service.
Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. These cookies track visitors across websites and collect information to provide customized ads.
1 year 24 days
Used by Google DoubleClick and stores information about how the user uses the website and any other advertisement before visiting the website. This is used to present users with ads that are relevant to them according to the user profile.
1 year 1 month
This cookie is set by Addthis. This is a geolocation cookie to understand where the users sharing the information are located.
This cookie is set by doubleclick.net. The purpose of the cookie is to determine if the user's browser supports cookies.
5 months 27 days
This cookie is set by Youtube. Used to track the information of the embedded YouTube videos on a website.
This cookies is set by Youtube and is used to track the views of embedded videos.