Sunday, December 22, 2024

‘Is this really ethical?’ Iris sees her product being copied weekly, but she can’t afford to do anything about it

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Small beauty entrepreneurs say they are struggling to stop copies of their cosmetics being released because they don’t have the legal budgets to fight big companies that are self-confessed dupers.

It’s a lesson that entrepreneur and small business owner Iris Smit learnt the hard way after founding her brand The Quick Flick in 2017.

An architecture student at the time, the Perth businesswoman designed a solution that would make it easier to apply winged eyeliner, a popular makeup application that can be tricky to perfect.

Ms Smit developed a prototype to “stamp” the winged eyeliner to the outer corner of the eye, had her first products manufactured, and protected her designs through trademarks and patents.

Although she filed what’s known as a “mini patent” for her eyeliner stamp in August 2017, Ms Smit regularly sees dupes of the product — either in person, or sent to her by observant customers.

“At least once a week I see something, or I have customers forwarding me content from other brands saying ‘these people are copying you, this looks very similar, how are they able to do this, how is this legal?’ all the time,” she told The Business.

“It’s gotten so far to the point where we have people making videos using what they think is a Quick Flick stamp tagging us, but then I zoom in, and I can see that the logo is slightly different.

“It’s not even a surprise to me anymore.”

Iris Smit says her business is often tagged by mistake in videos using copycat eyeliner stamps.(ABC News: Nicholas Martyr)

It was something Ms Smit was warned about during her appearance on entrepreneurial reality TV show Shark Tank in 2018, with prospective investor Janine Allis telling her that a provisional patent would not deter cosmetics giants from copying her product.

Ms Smit estimates that she’s spent around $50,000 on her patent and its associated costs, but has learnt that being proactive isn’t enough to prevent copycats.

“Patents only protect you to a certain degree in the sense that people can also very easily tweak designs,” she said.

Ms Smit declined to comment on which brands she thinks have copied her eyeliner stamp, fearing potential legal action.

However, the ABC has independently found — and purchased — similar products made by a range of companies: Sportsgirl, Thin Lizzy, The Kind Collective, Kmart’s OXX brand, and renown cosmetics duper, MCoBeauty.

The ABC is not suggesting the above companies are infringing on the patent held by Ms Smit and The Quick Flick.

Six boxes containing small tubes of black winged eyeliner standing on a white tabletop against a black background.

These eyeliner stamps cost less than $20 each when purchased in store — half the price of The Quick Flick.(ABC News: Kate Ainsworth)

‘We do our own thing’

Duplicate products, or dupes, are not a new phenomenon in the beauty industry, but have attracted significant attention in the past two years due to the cost-of-living crisis.

Dupes are generally defined as products that are replicates of higher-end cosmetics, sold at a lower price point — and Australian business MCoBeauty has become synonymous in the beauty industry for duping popular products right down to their packaging.

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