What’s one piece of advice you can give a brand looking to enforce their IP?
If you’re not diligent in enforcing your IP, you’re throwing away money, in more ways than one. The thousands of dollars spent to acquire the IP can only provide an ROI if you act on that investment. Your patents, trademarks and copyrights are only as strong as their record of enforcements and the actions you take.
Secondly, if you allow other brands to sell an item that infringes upon your IP, they can be stealing money from customers that rightfully belongs to you. It’s only up to you to take action to get that money back.
How do you show your company the value of a brand protection program?
Even if the infringing brand is not selling a high volume, creating consumer confusion only makes the purchasing process more difficult for your customer. It also reduces the special differentiation in the market you worked so hard to create.
I show my company tangible value by breaking down estimated monthly sales that could be ours if the infringer was taken off the market. A lot of DTC platforms publicly disclose estimated sales, such as Amazon and TikTok Shop.
I also show screenshots of google and Amazon searches and how the infringers are directly creating consumer confusion for our customers.
What is the most interesting place you have been to?
In a previous job, I was the director of adult beverage for a trade show company. I worked closely with wine and spirit buyers on their review meetings and traveled with Walgreens on educational trips around the world. One time, we conducted a whiskey review in Dublin, Ireland in an old castle converted to a modern hotel. The most interesting part of that trip was hopping over the border in a train and staying with a distant family member on the hillside farms of Northern Ireland. We drank Bushmills, had Shepherd’s pie and helped to take care of his sheep.
Contact info: kevin@erasers.com