Brand Security in a Modern World: Author Q&A - Kirsten Gilbert

Following John Ferdinand's exploration of brand fundamentals and the importance of establishing strong trade mark foundations, we bring you the second author Q&A of the series. This time we speak to Partner, and Head of Brand Exploitation, Protection and TM Litigation, Kirsten Gilbert, who explores the real impact of counterfeit products on brand integrity.

Kirsten reveals how counterfeit products undermine brand investment and exclusivity, particularly affecting luxury brands and licensing relationships, while providing actionable guidance on trade mark protection fundamentals and enforcement tools that brand owners can deploy to maintain control over their brand message in an increasingly complex marketplace.

Some key messages from the discussion:

• The real impact of counterfeits goes beyond quality issues - damage isn't just about poor quality products, it's about losing control of your brand narrative and undermining years of careful brand investment.
• Reputation damage occurs even when consumers know they're buying fakes - the assumption that "knowing buyers" won't harm your brand is false. Brand dilution happens regardless of consumer awareness.
• Proactive watching services are essential and online marketplaces require systematic monitoring - prevention is better than cure. Early detection systems help you stop problems before they become expensive enforcement battles.
• Border control registration is your first line of defence - stopping counterfeits at the border is more effective than chasing them through the marketplace.
• Brand protection requires a tailored, long-term strategy - one-size-fits-all approaches don't work. Effective brand protection requires understanding your specific risks, markets, and brand positioning to develop a sustainable enforcement strategy.

"Our team had a fantastic presence at INTA this year, and it was particularly encouraging to see anti-counterfeiting taking centre stage in the discussions, especially at the dedicated anti-counterfeiting workshop. I'm especially excited that INTA will be coming to London next year - it will be wonderful to host the global IP community here to continue these vital conversations about protecting brands in an increasingly complex digital landscape."

For more insights from brand protection experts Kirsten Gilbert and John Ferdinand, get your free copy of the ebook ‘Brand Security in a Modern World’ now. 

At Marks & Clerk, we work with brands to develop comprehensive IP strategies that protect brand identity and support business growth. For more information on safeguarding your brand's value, please contact our specialists.