JKR

Last month, Dyson launched legal action against rival Vax, accusing the brand of copying one of Dyson’s first ‘bagless’ inventions. While Dyson claim an infringement of its registered design, Vax are adamant that the new product is an evolution of the original design (produced 15 years ago). Dyson has vowed to “set a precedent on behalf of all designers” so it’s nice to see someone willing to stand up and fight for the integrity of their design.

Whatever the courts decide, I think the styling of the Vax so closely mirrors Dyson’s that it can only feel like a pale imitation. While what is at issue is technical design not styling, the Vax does not look unique, so it hands thought-leader Dyson the upper hand. Distinctive design such as Dyson’s can protect a brand as much as any copyright law, because anything sharing the look and feel appears opportunistic.

Take the Benchmark 8 bottle below; borrowing another brand’s equities and passing them off as an original. Given the choice, would a consumer really choose such a blatant imitation? Or would they rather trade up to the real thing?

At the end of the day, if your branding is distinctive enough, any copies will just fall by the wayside.