Superfake {counterfeit} is no longer a problem reserved for established luxury brands. Today, it affects emerging designers, independent labels and niche creators alike. If your design gains attention, whether through social media, a celebrity endorsement or a viral post, it can be copied and reproduced almost immediately. These counterfeit versions may look similar on the surface, but the quality, craftsmanship and brand authenticity are not the same. And the damage they cause can be far worse.
For young brands, this moment is often a turning point. You can treat imitation as a compliment, or you can treat it as a warning. Counterfeiting is not a sign of success but a risk to your reputation, your customer trust and your brand’s future.
Fighting back is not easy
Fighting back is not easy. It costs time, money and energy, all of which are often in short supply for a growing brand. But ignoring the problem comes at a higher cost. Left unchecked, counterfeits can dilute your brand’s identity, confuse your customers and damage the perception you have worked hard to build.
Here’s what every brand should be doing to protect itself
Register your rights early
Start by securing legal protection for your brand. Alongside your very first team, your most valuable asset is your intellectual property. File your trademarks and register your designs before you even launch your product line. Waiting until after you have gained traction exposes you to unnecessary risk.
It is always better to have clarity, and protecting your designs will make your progression much easier. It makes enforcement easier and strengthens your position from the inception.
Monitor the market
Keep track of where your products are showing up. Counterfeits often appear on resale platforms, social media pages and global marketplaces. You need to know what’s out there. If you’re managing everything yourself, you are doing it wrong. Consider hiring someone to monitor these spaces consistently.
Another mistake young companies often make is micromanaging. Avoid this as much as possible and delegate tasks to others. It will pay off in the long run.
Document everything
There are two types of documentation you need here. First, your product creation journey. Say you are creating a handbag, and it’s an original work, document each step of the making. This will help in the future if any dispute arises.
Second, if you find copies of your product, collect and preserve evidence. Take screenshots, save product details and build a clear record of unauthorised copies. The more thorough your documentation, the stronger your case if enforcement is required.
Evidence is what turns suspicion into action.
Work with the right people
Your protection approach is only as strong as your partnerships. From sourcing and production to legal and enforcement, surround yourself with people who understand your goals and take your brand seriously. It’s not just about expertise but also about alignment with your standards and values.
Communicate with your customers
Let your customer know where to find your products and how to verify their authenticity. Many customers want to support independent brands, but they need guidance. Clear messaging helps your community become part of your protection effort.
Act quickly
If you spot a copy of your product, do not ignore it. The longer a counterfeit remains in circulation, the more harm it can do. Early action can limit the spread, protect your exclusivity and show your customers that you are committed to maintaining quality and integrity.
Ultimately, brand protection is not just a legal issue. It’s one that helps you shape your brand’s story. It shapes how your audience perceives you and how your business grows over time. A short-term delay in enforcement can lead to long-term decline in brand value, and ultimately bring it to the grave.
Every decision you make at this stage matters. If you are building something original, protect it. Not just for yourself, but for the customers who value what you create.
{This post is for informational purposes only and does not constitute legal advice. For tailored advice, please speak to your legal team}.
INSIDE Brand Protection explores real cases, legal strategies, and the methods brands use to safeguard their identity.
Need to protect your brand? Whether dealing with trademarks, counterfeits, licensing, or digital infringement, our legal team is ready to assist. Book a consultation today.