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First to Market for Creatives: How Designers Can Protect Their Ideas
Many designers dream of protecting their ideas under intellectual property law.
However, the reality is that not all ideas can be monopolised, and sometimes, the best strategy is to focus on what can be protected while also leveraging branding, design, and market presence. What we say is if you have a strong idea, establish your brand quickly while securing trade marks and design rights to safeguard your position. Building brand recognition early ensures customer loyalty, even in competitive markets—just like how Rollerblade remains synonymous with inline skates despite cheaper alternatives.
At Sharon Givoni Consulting, we guide clients through the complexities of IP law and help them develop a protection strategy that allows them to confidently invest in and market their innovations. Our tagline, “Turning Your Ideas into Assets”, reflects this mission.
What Can Be Protected Under IP Law?
While an idea itself cannot be protected, certain aspects of a business, product, or brand can be legally secured. These include:
- Trade Marks – Protects brand names, logos, and distinctive signs that identify your business in the marketplace.
- Registered Designs – Protects the aesthetic appearance of a product.
- Copyright – Protects original works such as artistic designs, music, literature, and software.
- Patents – Protects new inventions that offer an innovative solution to a problem.
The Power of Being First to Market
While legal protection is invaluable, being first to market can often be an even stronger strategy. History has shown that brands that establish themselves as leaders early on tend to remain top of mind, even when competitors emerge.
Take Frisbee, for example.
Though many companies manufacture flying discs, the term “Frisbee” is synonymous with the product itself. LEGO is another brilliant case—while countless brands produce plastic bricks, LEGO remains the gold standard due to its early market entry, innovation, and brand loyalty.
How Strong Branding and Design Reinforce Market Presence
Many successful businesses thrive by reinforcing their market presence through a combination of branding, design protection, and a well-protected supply chain. Here are some examples:
1. Boost Juice
Boost Juice revolutionised the juice and smoothie market with its vibrant branding and high-quality products. Even with numerous competitors, Boost remains a household name in Australia, thanks to its distinctive store designs and exceptional customer experience.
2. Yo-Chi
This Melbourne-based frozen yoghurt brand set itself apart through a strong brand identity and customer engagement. By focusing on high-quality ingredients, community engagement, and innovative self-serve stores, Yo-Chi has cultivated a loyal following.
3. Rollerblades
Rollerblade, Inc. popularised inline skating, so much so that the brand name became a generic term for the product. Despite other companies producing similar skates, the original Rollerblade remains the most recognised brand in the industry.
4. Rubik’s Cube
The Rubik’s Cube is an iconic puzzle that has transcended its status as a toy to become a cultural symbol. With over 400 million cubes sold worldwide, it remains the most recognisable product of its kind despite many knock-offs.
5. Pop & Scott
Melbourne-based furniture brand Pop & Scott gained recognition for its beautifully designed large pots. While many others now make similar products, Pop & Scott’s craftsmanship, branding, and commitment to local design make it the preferred choice.
6. Tim Tams
While chocolate biscuits exist in abundance, Tim Tams have become a household name in Australia, thanks to clever branding, the famous “Tim Tam Slam,” and consistent quality.
7. Four’N Twenty
Which is famous in Australia for its iconic meat pies, having become a staple at sporting events if not a tradition at Australian Rules Football games! And yes, again, the company’s success lies in its branding, nostalgia – it’s pretty much synonymous with the Australian meat pie.
8. Allen’s Freckles
Allen’s Freckles—chocolate buds with colourful sprinkles—are instantly recognisable and nostalgic. While there are similar products, the brand’s strong connection with Australian childhood memories keeps it ahead.
9. Minties
Though many chewy mint lollies exist, Minties have remained dominant due to their clever marketing and the unforgettable slogan: “It’s moments like these you need Minties.”
10. The Eames Lounge Chair
First designed in 1956, the Eames Lounge Chair & Ottoman became a staple of mid-century modern furniture. While many replicas exist, the original remains a symbol of luxury, craftsmanship, and design excellence.
What Sharon Givoni Consulting Can Do for You
Remember – DesignWise is not a law firm. It is a digital tool designed to empower designers and creatives, giving you the smarts to navigate contracts, licensing, and IP issues—all with the backing of the real legal minds at Sharon Givoni Consulting.
That said, if you really want to lock down your creative assets and keep copycats at bay, you’ll need more than just first-mover advantage.
At Sharon Givoni Consulting, we help businesses:
- Register trade marks to protect brand identity
- Secure design rights for unique product appearances
- Provide copyright advice to safeguard what you create
- Develop strategic IP protection plans tailored
As well known writer, Peter Drucker, once famously said:
“The best way to predict the future is to create it.”
Protecting your ideas with IP isn’t just smart—it’s how you shape your future and lead the market.
By taking the right legal steps, you can invest in growth with confidence.
Want to turn your ideas into assets? Let’s chat! Contact Sharon Givoni Consulting today.
Please note the above article is general in nature and does not constitute legal advice.
Please email us info@iplegal.com.au if you need legal advice about your brand or another legal matter in this area generally.