Slavish imitation

What if your competitor copies your product? Even if your product is not protected by an IP right, copying your product may be unlawful. This is also known as slavish imitation. This is not an intellectual property right, but a tort. The starting point is that copying is in principle allowed. But slavish imitation is unlawful.

The imitator is obliged, without prejudice to his product, to do everything that is reasonably possible and necessary to prevent the risk of confusion. If the imitator fails to do so, by choosing the same form where he could have chosen another form, he may be acting unlawfully.

Conditions for slavish imitation

If you want to successfully rely on slavish imitation, this requires that your product has its own face in the relevant market. This means that the product must be distinctive in its external appearance from other similar products on the market.

If your product has such a distinctive face in the market, then it must also be protected. After all, its own face may diminish and even disappear as more similar products appear on the market. This requires companies with unique products to take an active anti-counterfeiting stance.

Scope of protection

Under slavish imitation, you can prohibit another from causing confusion by needlessly imitating your product. Whether there is a likelihood of confusion depends, among other things, on the similarity of the products.

Our expertise

Our IP attorneys have expertise with respect to slavish imitation and can advise and assist you in possible proceedings. Furthermore, our IP lawyers can advise on how best to protect your products in the relevant market.