Design imitation and product imitation

Even small details in a design can be enough to create confusion in the market – and open up conflict, litigation or loss of market share. Design imitation occurs in all industries: from iconic furniture classics and clothing, to knitting patterns, digital services and packaging. What often starts as “inspiration” can develop into imitation – and then into law.

In this guide, we take a closer look at how to distinguish between right and wrong, what provides protection, and how to document and secure your rights in practice.

Design imitation – when the look is too similar

A registered design gives exclusive rights to the appearance of a product. This can be the shape, colors, lines or material – all as shown in the images submitted upon registration.

If someone makes a product that looks very similar, it could be design imitation. This is determined by looking at whether an average, informed user would think the products give the same overall impression. It doesn't matter whether the copying was intentional or not - it's enough that the product is objectively too similar.

Product imitation – when the effort behind the product is exploited

Product imitation is not primarily about how something looks, but about exploiting the work of others in an unreasonable way. The Marketing Act applies here.

It may be illegal to copy a product if:

• it happens in a way that benefits from the efforts or ideas of others,

• it is done in a reprehensible (bad) way,

• and it can create confusion between products in the market.

This rule protects against unfair competition and against "freezing" on the success of others.

Both types of imitation can harm the originator both financially and in terms of reputation.

When is copying allowed – and when does it become illegal?

It is allowed to be inspired. It is not allowed to be confused with the original. The legal distinction is:

• Design protection : when the design is registered and gives exclusive rights.

• Copyright : when the expression is unique and original, regardless of registration.

• Marketing law : when the imitation exploits the efforts of others or creates confusion.

• Trademark protection : when the visual acts as a hallmark of a business.

What legislation protects your design?

The Design Act gives you exclusive rights to the visual design of a product once the design is registered. It is valid for up to 25 years. All types of products can be registered, from physical products such as furniture, jewelry and packaging to graphic representations such as interfaces and logos.

The Copyright Act automatically protects original expressions – without the need for registration – as long as the design has a personal and creative touch. It is often used in art, textiles and illustration.

The Marketing Act §30 also applies to unregistered designs, and prohibits imitation that creates confusion or exploits the efforts of others. It is particularly relevant for profile, packaging and marketing expressions.

Trademark law protects visual characteristics that identify your business – such as logos, shapes and colors. The protection requires registration and gives the right to refuse the use of similar expressions.

Ethical gray area: Inspiration or imitation?

No one creates in a vacuum. We are inspired by trends, previous works, nature, technology – and each other. Using references is a natural part of the creative process. The problem arises when inspiration becomes so close to imitation that the difference is blurred for the user or customer. Yet there are limits.

Ask yourself these questions:

• Will an outsider be able to confuse your design with another?

• Have you documented the creative process?

• Could you explain how you developed the idea – step by step?

• What would you think if someone did the same thing to your work?

Ethical design is about respecting both the work of others and your own integrity.

Consequences of illegal copying

If you copy:

• You may be required to stop production and sales

• You risk claims for compensation or compensation

• You could be exposed publicly and have your reputation damaged.

If you are copied:

• Document your work and your rights

• Send written notice

• Seek legal assistance

• Consider legal action

How to effectively protect your design

1. Register the design with the Norwegian Industrial Property Office.

• Provides exclusive rights for up to 25 years

• Documenting ownership

• Requires clear illustrations or pictures

2. Document the process

• Use sketches, emails, versions, and moodboards

• Store in cloud services or digital contract platform

3. Consider trademark protection

• For logos, shapes or visual features associated with the business

Read more about trademarks

4. Label your products

• Use © for copyright, company name, ® for registered trademark, Ⓓ for registered design or similar

What do the symbols mean?

5. Use agreements

• Always have written contracts when collaborating

Design imitation in practice

The Chinese online giant Shein has been accused several times of copying designs from small, independent creators – including Norwegian ones. Knitwear designer Helene Myhre discovered that Shein had copied one of her patterns and even used her own images in marketing. This is an example of how global players can exploit designs without consent, making it difficult for small players to defend their rights.

Read the story about Shein at Min Mote

AI-generated design – a new form of imitation

Artificial intelligence makes it possible to generate designs in minutes – often based on existing work. This raises new questions:

• Do you have rights if someone uses AI to create something “almost exactly like” yours?

• What if you yourself use AI – and unknowingly imitate someone else?

Currently, the regulations are unclear, but both the Copyright Act and the Design Act may become relevant if AI-generated content imitates protected designs.

Tip: Be extra careful to document your own creative process, especially if you use AI tools for support.

How to protect different types of designs - see registered examples

Whether you work with furniture, clothing, graphic design or technical products, it can be worthwhile to register your design. Registration gives you a formal exclusive right to the look – and can make it much easier to stop imitations.

The Design Act applies to many different industries. Here are some examples of registered designs in Norway:

• See registered furniture designs – from chairs and tables to storage solutions

• View registered clothing designs and accessories – including shoes, bags and sportswear

• View registered tools and industrial products – such as machinery, equipment and everyday tools

• See registered designs for jewelry and ornaments – from earrings to trinkets

Whether you create something visual, functional – or both – a design registration can be an important tool for protecting your work.

Curious about other registered designs?

Search the design register

Summary: Take control of your design

Design counterfeiting and product counterfeiting happen often – but that doesn't mean it's okay. With the right knowledge and measures, you can protect yourself legally, ethically and practically.

Start with registration, be aware of agreements, document your work, and don't hesitate to take action in case of violations.

Source: https://www.patentstyret.no/en/articles/design-imitation