Ask the Collective
The questions independent drinks founders ask most — answered. Distilled from years of community knowledge so the good stuff never disappears in the feed again.
How do retailers and competitors bid on your brand terms in Google PPC, and what impact does this have on D2C costs and sales?
Retailers, competitors, and even major platforms routinely bid on your brand search terms on Google, which drives up your PPC costs even if you don't immediately notice the impact. This is a real dynamic D2C founders need to monitor and manage. **The competitive landscape:** - Major retailers (e.g. **Noths**, **Holland and Barrett**), platforms (e.g. **Amazon**, **Google Shopping**), and direct competitors all bid on brand terms simultaneously - Even smaller competitors may bid aggressively on your flagship SKUs - The auction participants change weekly, so competitive pressure is fluid **How to monitor and respond:** - Use **Google Ads Competitive Impression Share** reporting to see who is bidding on your brand terms and what percentage of impressions they're capturing - Set up a **live dashboard** to track bidding activity by keyword, campaign, market, and objective—this lets you spot aggressive entrants quickly - Bid back or escalate spending when competitors become too aggressive (often automated) - Ask retailers not to compete on your flagship SKUs (members report this is "worth a shot," though success varies) **Profitability note:** - Members found that competitor bidding is often unprofitable for them (poor conversion), but it still raises your costs - An unconventional tactic: bid on US brand terms in the UK market if those brands aren't present locally—this captures brand-adjacent search volume at lower cost - Watch for competitors using other brands' names in ads without permission, which some members have encountered Automation is commonly used to manage this, so most founders delegate the daily monitoring and bid adjustments to specialists or tools.
How should we respond when a large company launches a product with a confusingly similar brand name to ours?
Members' consensus is to avoid lengthy legal battles with large corporations, but use smart leverage tactics instead. Here's what the community recommends: **Assessment first:** Confirm you have a strong trademark position (registered, prior trading history). Get a quick legal opinion but don't assume you'll win a protracted fight—large companies have armies of lawyers and can outlast smaller brands through attrition. **Preferred tactics:** - **Retailer leverage:** Once the infringing product is listed with a significant customer (e.g. Waitrose), contact the retailer directly explaining the trademark dispute. Retailers will pressure the producer to avoid recall/legal risk and will often secure a written concession that it's a limited run only. - **Royalty settlement:** Request 10% royalties on sales as compensation for trademark use, with the condition they cease production under that name moving forward. This converts infringement into a negotiated benefit. - **PR-first approach:** Have your legal team send an initial letter outlining potential settlement (e.g. cease production, donate proceeds to a climate/social cause). Use your PR team to publicise the moral high ground—this embarrasses the infringer's marketing department internally and generates positive coverage. Members noted this works especially well when the community amplifies it. **Caveats:** - Don't waste energy and resources on protracted litigation unless the infringing product directly cannibalises your sales. Limited editions may actually boost brand familiarity. - Beware of Goliath-sized opponents (e.g. Asahi, Puma): even strong cases can be ground out over months, delaying your own launches and draining resources. - The initial cease-and-desist letter is a sound-out; settlement is usually faster than court.
Which IP and trademark specialists are recommended for EU, US and UAE trademark registrations?
Members recommend the following specialists for trademark and IP work: - **Trademark Direct** (info@trademarkdirect.co.uk) — recommended for EU trademark applications - **Dehns** — described as "pretty solid" for international trademark work, including US and UAE registrations. Members can request an introduction through the community The community also notes that some members handle this privately; if you need a recommendation, asking directly in the group often yields personal introductions to specialists members have worked with successfully.