They say imitation is the sincerest form of flattery. That someone copying your style, actions or creations is a sign of admiration – a compliment in disguise. But when it comes to matters of business and branding, does this sentiment fly? 

Christian Louboutin says no. 

In 2011, the designer sued fellow French fashion house Yves Saint Laurent for selling red-soled shoes, claiming – and eventually securing – exclusive rights to the design. That same year, Apple sued Samsung for infringing on its iPhone design and patents. Soon after, Disney challenged DJ Deadmau5’s signature mouse ears. 

While major brands can sue for intellectual property (IP) infringement, smaller businesses may need different strategies. A registered trade mark offers some protection and options for defending your turf. But it doesn’t stop all copying.

In our She Built This series, three Australian female business founders share their take on lookalike competitors – and on securing their creations by setting a high bar.

Best of the bunch

Earlier this year, Canberra-based Janae Henkel launched Little Harvesters – a range of organic baby purée pouches that, unlike every other infant food product on Australian supermarket shelves, meet World Health Organisation standards.

The Little Harvesters name and logo are trade marked, however, Janae says more brands may jump on the organic baby food bandwagon. 

“Just like other industries, there are copycats in FMCG [Fast-Moving Consumer Goods],” she explains. “That’s why we’re so focused on building brand recognition and strong customer loyalty.”

Janae’s first line of defence? Being top banana. 

“The product quality we have – bone broth in every single pouch, superfoods, organic veggies, high-quality meats – is what sets us apart. So I really think that if someone tries to copy us, the audience will be really aware of who the best is out there – we’ll have built that up.”  

From left to right: Professor Fiona Wood AO; native Australian plants used in Land Lab’s supplements; Janae Henkel with her children and the Little Harvesters assortment.

Ahead of the game

Professor Fiona Wood first had the idea for regenerative “spray on skin” in the 80s. By the 90s, the plastic surgeon and her co-inventor, scientist Marie Stoner, were taking healthy skin cells from burns patients, growing more in their lab and spraying them onto wounds. 

The results were remarkable – with far less scarring than traditional skin grafts. As the world would learn in 2002, when Fiona led a team of doctors at Royal Perth Hospital in treating 28 survivors of the Bali bombings. 

Fiona first patented her spray on skin, commercialised as RECELL, in 1993. Today, while many of the IP rights around it have expired, she’s “fine and grand” with other people adopting this technology. 

“The more people can use it, the better, but it’s got to be within the context of maintaining quality and capability,” says Fiona, who continues to develop her work in scarless healing.  

“If you get lookalike products then it’s actually validation, in my view. And the smart money is to keep ahead of the game.” 

Setting the standard

Like Janae and Fiona, Tess Robinson has also made it her business to be top dog in her industry. And at the helm of Sydney-based creative and branding agency, Smack Bang, she takes the same approach with her clients. 

“We create brands that are so strong in their own right that a copycat can’t even come close [and if they try], it just feels hollow,” she says.   

Outside of Smack Bang, Tess recently launched Land Lab. This line of science-backed supplements is made with native Australian plants – and created in partnership with 100 percent Indigenous-owned co-operative, BBIEC.

“We’re the first supplement brand in the world to use Australian natives in an evidence-based way – and we’re always going to strive to be the best,” she says.

Tess has entered the $50 million Australian native bush food industry, where only two percent of businesses are Indigenous-owned. She’s less concerned about competitors than she is about their integrity. 

“If you are going to copy us and go down this track, here is the blueprint to do it the right way,” she says. “Don’t come in with extractive practices in an industry that’s already been exploited.”  

All of the founders featured in our She Built This series safeguard their creations by leading in their markets. And in this sense, they may relate more to Oscar Wilde’s interpretation of that aforementioned saying: 

“Imitation is the sincerest form of flattery that mediocrity can pay to greatness.”

And it can’t beat the real thing.