How Can You Increase Market Share through Stopping Knockoffs and Infringement?
Increasing Market Share through Stopping Knockoffs and Infringement: A Series
There are multiple steps business can implement to systematically stop knockoffs, piracy, and infringement in order to recover lost revenue, protect brand value, and ultimately increase market share through strategic use of trademarks, copyrights, patents, and related enforcement tools.
Step 1: Identify and Quantify Losses — Begin by analyzing and, where possible, dollarizing the harm caused by knockoffs and infringement, including lost sales, customer confusion, reputational damage, higher marketing costs, and diverted leads, so enforcement decisions can be evaluated through ROI and business impact. For more information on this step, see our blog post IP-Enforcement Programs: Identifying and Quantifying Losses Caused by Knockoffs and Infringement.
Step 2: Marshal IP Assets — Develop, register, and properly document ownership of trademarks, copyrights, patents, and domain names, ensuring clear chain of title and identifying where infringement is occurring now—and where it is likely to migrate in the future. For more information on this step, see our blog post IP-Enforcement Programs: Marshaling Intellectual Property Assets to Combat Knockoffs and Infringement.
Step 3: Design the Enforcement Program — Use quantified losses to define program “wins,” determine enforcement stages (from demand letters to litigation), tailor strategies to infringement channels, and decide whether the program must be self-funding or treated as a strategic investment. For more information on this step, see our blog post IP-Enforcement Programs: Designing the IP-Enforcement Program to Increase Market Share by Stopping Knockoffs and Infringement.
Step 4: Implement the Program — Launch the enforcement effort through pilot cases, refine workflows and documentation, assign roles, manage outside counsel incentives, leverage software and monitoring tools, and use legal mechanisms like subpoenas and TROs to stop and disrupt infringers. For more information on this step, see our blog post IP-Enforcement Programs: Implementing the Program.
Step 5: Optimize with Metrics — Track performance data to identify bottlenecks, refine high-impact enforcement stages, adapt to evolving infringer tactics, register additional IP as needed, and integrate tools like customs recordation and marketplace brand registries. For more information on this step, see our blog post IP-Enforcement Programs: Optimizing the Program.
Step 6: Grow Future Market Share Proactively — Move beyond reactive enforcement by developing deterrence strategies, publicizing enforcement wins, securing injunctions for repeat use, and strategically mapping future products and features to lock out competitors through forward-looking IP protection. For more information on this step, see our blog post IP-Enforcement Programs: Growing Future Market Share Through Proactive IP Strategy.
For more information on this series as a whole, see the initial series blog post Importance of Intellectual Property Rights: Increasing Market Share Through Stopping Knockoffs and Infringements.
Klemchuk PLLC is a leading IP law firm based in Dallas, Texas, focusing on litigation, anti-counterfeiting, trademarks, patents, and business law. Our experienced attorneys assist clients in safeguarding innovation and expanding market share through strategic investments in intellectual property.
This article is provided for informational purposes only and does not constitute legal advice. For guidance on specific legal matters under federal, state, or local laws, please consult with our IP Lawyers.
© 2024 Klemchuk PLLC | Explore our services