The protection of a private label does not begin when the product hits the shelves, but much earlier. From the name to the packaging, from trademark registration to managing relationships with agencies and co-packers, there are many elements that contribute to building and protecting the identity of a private-label product.
And it is precisely during the design and development phases that some of the key legal issues arise, ranging from the need to prevent packaging from bearing too close a resemblance to that of a leading brand, to managing risks associated with “lookalike” products, to properly protecting design rights and creative elements, and to defining the roles and responsibilities of co-packers.
In this second episode of the Mark Up podcast, Francesca La Rocca and Elisabetta Berti Arnoaldi Veli address the topic of intellectual property protection in the world of private labels, with a particular focus on the key legal issues affecting large-scale retail.
From protecting the brand and packaging to managing “lookalike” products, all the way to defining relationships with creative agencies, suppliers, and co-packers, safeguarding a private label requires a strategy that accompanies the product from the very earliest stages of its development.
This is an increasingly significant challenge in a market where private labels play a central role and where building a distinctive identity also means knowing how to protect it.