Good day, everyone! This is Masha Kaganovich, a marketer at Western Bid. And today’s article follows the material “How to find a market gap“.
What is a market gap
So, a market gap is something that, well, everyone just wants to occupy. It’s an empty space under the sun. It’s when a niche, or a service, or some element of a product is not yet present on the market, but it is very in demand.
And a seller finds, designs this new design or niche or service and, thus, enters this gap. Well, you understand, a person who can find such a gap and fill it, naturally, gains the entire market share. And, of course, they get a huge amount of business and profit, and so on.
The problem of copying designs
But here’s the question people ask. By the way, they asked it under this material, but it’s not the first time I’ve encountered this question:
“I came up with a unique design. Or I found a market gap. And not long after, someone — a Chinese or someone else, my former employee — copied my design almost completely and came out with a lower price on the same marketplace, mostly on Etsy, and sells very successfully, undercuts my price, takes my market share, and so on. What can be done?”
In this article, I will talk about two strategies you can apply to protect yourself from such theft.
Why you shouldn’t be discouraged
Surely, there is probably no brilliant idea that someone hasn’t stolen somehow in the end. And neither patents nor any additional copyright protection for many designs really works.
For example, let’s take — suppose you invented a new recipe. How can you patent a new recipe? Well, someone will change it a bit — add half a slice, a drop of more salt — and that’s it. Your patented recipe is no longer valid. So, no, people do not patent such things.
It’s not like Coca-Cola invented a secret ingredient that no one else knows — only three people in the world hold this secret recipe. And yet, they still faced competition — Pepsi-Cola. Yes, Pepsi-Cola never became as popular as Coca-Cola, but there is still competition. You understand, something very similar.
And there are many other items and designs that are very hard to patent. Agree, a thief can just slightly alter the design, and then it’s impossible to prove that it’s the same — right? That’s the point.
Main advice
But what I want to tell you very importantly is that this should never stop you. Never stop working on new ideas, finding them, implementing them on marketplaces, founding your own companies, brands. Never.
Why? Out of all the people I know, and companies I know, that successfully launch new products and then even face competition — they deal with it later, try to do something — but no one regrets starting a new business or creating a new product.
Why? What’s it connected with? Why do they not regret?
Because when someone wrote in comments under this material that “I came up with a new design, and it got stolen the very next day,” in reality, designs are almost never stolen the next day. Because initially, this design, this idea, this new product, this new niche — they need to show themselves, prove themselves.
You already need to have a bunch of sales, your product needs to become a bestseller, you know, your business, your brand needs to become recognizable. And then, yes, it happens.
Real-life examples
But look, let’s take examples — what happens when someone steals another’s idea. We’ll start with big companies, then move to smaller ones.
Example: Uber vs Lyft
So, someone invented the Uber company, right? I told this example before. But together with Uber, there’s another company, its competitor — Lyft. By the way, I think… I’m not sure who started this business first, because we see both Lyft and Uber as popular. Well, I think Uber started first, because everyone talks about Uber, Uber, Uber — because this brand became known, and then competitors appeared.
So, the one who starts first, from the very beginning, secures their place on the market, gains that market share, a huge number of loyal customers. And yes, later their share can be partially taken away, but this is enough to continue growing, developing, and entering new markets.
Because, well, that’s how it works. Yes, niches fill very quickly, and then you need to look for new ones. You can’t live on one idea or product forever. But if you come up with a global… well, idea like Uber or Lyft, it’s very even possible to succeed despite competitors.
Example: Crocs
Let’s just compare — another example. We have the well-known company Crocs. Notice, probably everyone knows — that’s also from this material. They came up with a new rubber shoe shape, which is very convenient and cool to wear on the beach or near water. Nobody had thought of it before. It’s very cool and great.
Just look, why do I mention this website — just look at the price. How much do these Crocs cost? Just because it says Crocs, one pair costs, for example, 49.99 — 50 dollars. If it has some eyes or other decorations, it can cost 85 dollars, 89, 90 dollars for a rubber product.
Copies on Temu
Can’t you just go to Temu and search? I just typed “Rubber Shoes.” And I got this huge array of various stickers — very similar, maybe even like bracelets. Or, for example, those that are directly molded like Crocs. 12 dollars, 5 dollars, see?
But who sells more — Crocs or Temu? What do you think? Crocs? Or Temu? I don’t know… but it doesn’t matter. Because I don’t think the person who created or even patented these Crocs is very upset or focused on the idea that someone stole it. The millions and billions of dollars earned on this idea are probably worth it already.
What can be patented
By the way, speaking about what can be patented. Can you patent it or not? Is it impossible? So, what should you do? “Oh, I came up with a design — make rubber shoes.” Well, good for you. No, it’s not possible.
What, then, can be patented — it’s the name.
Strategy 1: Trademark registration
Now, we approach the first strategy. This is registering a trademark — that is, registering your name, your brand.
Let me show you how it’s done. It costs about 350 dollars in America — easy and simple.
Registration process
So, look, there’s a special website.
Here you go. They say they are processing a request sent to them as of May 25th. So don’t expect it to be quick — it can take about six months to a year.
What can you register
Here’s what you can register:
- Your emblem
- Your logo or brand image
For example, the word Crocs is registered. And you cannot write Crocs on your shoes on Temu. By the way, no one does. Because buyers on Temu understand that they are not getting authentic Crocs.
And look at how many are willing to pay these 50 dollars just to see that the brand name is on it.
When to register
So, the first thing you can do when you feel your brand is gaining recognition — start feeling the potential — probably it’s worth filing an application and registering your brand. Because you already have a targeted audience, a market, and a brand that will most often be loyal to you.
This also applies to very original things that have some special aspect people need. If you come up with something like that, definitely register it. It’s also legally protected.
The cost of protection
You’ll say, big companies have money. Yes, but this is very important, because suppose someone stole your brand and starts selling it on Temu or elsewhere, like on Etsy, competing with you. To defend yourself, if you already have a registered trademark, you need to sue. And this is not cheap. That’s not free.
It can cost, I don’t know, several tens or even hundreds of thousands of dollars if the case drags on for long. But it doesn’t have to be like that. In America, submitting a lawsuit isn’t free.
However, there is an advantage if you sell on platforms like Etsy.
Example with the fan invitation
Remember, I showed an example. Beautiful wedding invitations shaped like a fan, from a company called Design Soft, or something like that, in Pennsylvania.
The entire shop is dedicated to this new, cool invitation design, where everything is made like a fan, and it’s very popular, with around 7,000 sales already. Usually, they mainly sell this type of fan invitations — because their entire shop focuses on them. They completely concentrate on these fans.
They have 146 items, but the majority are these fans. And, by the way, notice the low price — we’ll compare it to others later — $1.75.
This price is not per petal, but per 3 petals. Why so cheap? Well, probably because the production cost of printing this kind of thing is, I guess, at least a dollar, maybe more. And cutting it properly. Basically, they understand that nobody is going to buy just one.
At least 100 invitations are ordered, like for a wedding. We don’t have small weddings — at least 50 is the minimum. So, that’s immediately $100 — and for 100 units, that’s $200. So, I think this shop makes a great profit this way.
Competition analysis
So, regarding competition. They opened, and they came up with this idea. Great concept. Everything else — I did a search: wedding invitations fan. Just to see what else is out there. Nothing quite as nice or interesting. Again, this is Design Soft. As soon as I see a fan — I immediately think of Design Soft.
Connie and Joan shop
Here’s another shop — Connie and Joan. They have 53,000 sales. If you look for this invitation, you probably won’t even find it. They don’t focus on that. I checked their sales over the last few months — no reviews about that invitation.
They are not visible or known for this product. That’s competition, yes. Such a large shop with about 400 different items. They do other things too. By the way, perhaps they were the first to come up with this design, but didn’t promote it heavily later.
Other competitors
Let’s also see what other competition there is. There’s also… well, Print. What is Louie Print? Here you go. They have only three items, and one of them is these invitations. Clearly copied. And they’re not even real invitations — just digital downloads, priced at $15.
So, what’s the competition? Who would buy from them? I doubt it. They, of course, have no sales. Same with other fans. And I found another one.
In short, things are not as bad or as simple as they seem. So, don’t leave a good idea just because you’re afraid someone will steal it.
Strategy 2: Protect through Etsy (DMCA)
The second strategy I want to talk about is what Etsy offers — protecting yourself with DMCA.
So, I did a search on Etsy: My design was stolen on Etsy. Suppose you created a toy, a doll. Or even just made your own theme or niche, a unique design. You are the copyright owner.
Do you need to register copyright?
Many ask: can I register my copyrights? No. You don’t need to. The only places where you can register something, as far as I know, are patents and trademarks.
But mostly, it’s expensive. It takes a lot of time. Then, you have to go to court. Why bother when you can use this great second method.
How to fight
To fight, let’s just read what they say. I know from examples where people managed to remove competitors from the market. Why? Because copyright registration isn’t really necessary anywhere. If you have proof that you were the first to come up with this design.
What does proof mean?
- Your original photos
- Your original listing date, which you can see on Etsy Rank or elsewhere — the first to publish that listing on Etsy
And the best is to keep your original files:
- Your designs
- Your drawings
- Your technical package that you send for production
- And so on
Basically, all technical information should be timestamped. It must be ready. If you have such proof, it’s not enough just to say “I came up with this”. You need to prove it. That’s why it’s crucial to save your original files with the date they were created.
Filing a complaint
To fight design theft on Etsy:
- First, gather proof, including:
- Links to the original and copied listings
- Screen captures of both listings
- Then submit a DMCA infringement notice through Etsy’s report portal. Provide:
- Your details
- Information about the original work
- Details of the infringing work
- A statement of your rights
Joint complaint
You can also report a shop that may be copying designs of multiple sellers. By the way, this joint complaint is very useful. It’s a good way to show that the seller is bad — they stole designs not just from one seller, but many. This joint report is even better.
How to gather proof
Examples below show how to do this:
- Find the URL of your original listing and the infringing listing
- Take screenshots comparing original and infringing listings
- Add screenshots
- I also recommend adding original materials: your drawings, your technical package, everything that proves you created the product first and before it was stolen.
Moreover, if your design contains elements under someone else’s copyright — for example, you used an idea from Harry Potter — then most likely, you won’t succeed. Only what you personally came up with and what does not infringe on known copyrights and trademarks.
Consider using tools like E-Rank to check the creation date of your initial listing and verify your priority. This can help.
Filing a report
To report and request deletion, go to Etsy’s page. All instructions are provided there. Specify legal ownership. You need to identify yourself as the copyright owner — “I am the owner of the copyrights”.
And if you are the creator of the original artwork — again, you don’t need to register anything anywhere or pay fees, if it’s about your design or artwork.
Provide the URL of the infringing listing and submit the report. Etsy will review it, and most likely, the infringing listing will be removed.
The advantage of marketplaces
This applies to all marketplaces. They actively fight against brand and copyright infringement. And that’s one of the advantages of selling on marketplaces. Because if you sell on Shopify and someone steals your design, Shopify usually doesn’t do anything about it. Marketplaces, on the other hand, do.
Conclusion
Let’s sum up.
What real actions help protect your design on Etsy from copying? In short, two things work: registering a trademark once your brand starts gaining recognition and submitting a DMCA claim on Etsy with proof that you created the design first. Marketplaces will delete copies if you provide original files, creation dates, and links to original listings.
Is it worth fearing to bring a new niche to market if competitors will copy the idea anyway? No. Any successful idea eventually attracts copies, and that’s normal. The key is that the first seller gets the largest market share, builds a loyal audience, and starts earning the main profit. Competitors appear only after you’ve proven the viability of the product.
Can you prevent design theft in advance or is it impossible? It’s impossible to fully prevent, but you can significantly secure yourself. Keep all original files — sketches, photos, files, technical descriptions with dates — and register your brand when you see the niche is working. This is not 100% protection, but on Etsy and other marketplaces, such proof works very well for removing copying listings.
I hope this article was useful and interesting. Goodbye everyone!
