The Good The Bad The Ugly | Brand Protection Strategy in 2014 and 2015

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Channel IQ 55 W Monroe, 22nd Floor Chicago, IL 60603 312.585.3900 www.channeliq.com Channel IQ | Know What You Don’t Know Series: The Good, The Bad, The Ugly | BP Strategy in 2014 and 2015 David Howell | Director, Brand Protection, Channel IQ Kevin Gleason | Channel Manager, Leatherman

Transcript of The Good The Bad The Ugly | Brand Protection Strategy in 2014 and 2015

Channel IQ55 W Monroe, 22nd Floor

Chicago, IL 60603312.585.3900

www.channeliq.com

Channel IQ | Know What You Don’t Know Series:

The Good, The Bad, The Ugly | BP Strategy in 2014 and 2015David Howell | Director, Brand Protection, Channel IQKevin Gleason | Channel Manager, Leatherman

David HowellChannel IQ

IntroductionsToday’s Guest Speakers

Kevin GleasonLeatherman

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STRATEGY WITHOUT TACTICSIS THE SLOWEST ROUTE TO VICTORY.TACTICS WITHOUT STRATEGYIS THE NOISE BEFORE DEFEAT.

SUN TZU

Survey

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The Good, The Bad, The UglyWhat is the Problem? Simply Put

DIVERSION

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The Good, The Bad, The UglyReasons to police your brand/products/channels

Trademark Law imposes an affirmative duty to police on trademark holders. In enforcement actions, Courts have refused to

allow remedies against infringers if the trademark holder has failed to police the problem.

Consequences of Failing to Police Inability to enforce trademark rights against

infringers Abandonment of Mark The Mark may lose distinctiveness and strength Mark may become “generic” and thus, not

protectable

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The Good, The Bad, The UglyDuty to POLICE your trademark/property/channel

Policing is enforcement activity conducted by a brand holder to stop instances of unauthorized sales, false affiliation or bad faith infringement of its property

FIRST – Every should have a strong intellectual property usage policy.

All policing begins with research to identify improper use involving a Company’s property

Policing is conducted by a Brand Owner or its counsel and usually facilitated by third party service provider, such as Channel IQ!

Goal is maintain the owner’s exclusive rights to the brand by preventing others from using the same or a confusingly similar or customer confusion is goods and services

Results in identifying suspect names for which further action may be required – INVESTIGATIONS!

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The Good, The Bad, The UglyCommon excuses for not policing your property

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The Good, The Bad, The UglyCommon excuses for not policing your property

ʺ Common Excuse #1 - I don’t know who they are!

ʺ Common Excuse #2 - All of the Internet is too much!

ʺ Common Excuse #3 - I have to go after everyone!

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The Good, The Bad, The UglyThree Core components of protecting your brand – A MUST HAVE!

Reporting EnforcementResearch

Unless we actively have a strategy to enforce our reporting and research we will never solve the “Problem”

We have to “Know What We Don’t Know”- Basically we need to dive deeper into the unknown -Investigations

We have to first identify the “where” and “what” details of the problem that is afflicting our property

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The Good, The Bad, The UglyTypes of brand infringement

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The Good, The Bad, The Ugly

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Domain Names – Why Start Here One May Ask?The Good, The Bad, The Ugly

Brand Protection 101

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Affiliate Compliance – Direct Product Sales - Domain Name UsageThe Good, The Bad, The Ugly

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The Good, The Bad, The UglyAffiliate Compliance – Direct Product Sales - Domain Name Usage

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The Good, The Bad, The UglyAffiliate Compliance – Direct Product Sales - Domain Name Usage

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The Good, The Bad, The UglyAffiliate Compliance – Direct Product Sales - Domain Name Usage

This Typo-Affiliate owns 48 Domain Names Redirecting

Lets Break this Down!!

Average of 200 visits per domain or 9600 Total Monthly Visits

If we look at the Average Sale of $65 per Transaction

Estimate an 4% total conversions or 384 Transactions

Total Sales $24,960.00 – Paying 4% Commission

This “Affiliate” is making $998.40 Per Month!

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The Good, The Bad, The UglySearch Engine Advertising

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The Good, The Bad, The UglySearch Engine Advertising

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The Good, The Bad, The UglySearch Engine Advertising

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The Good, The Bad, The UglyGray Market Goods & Counterfeit Sales

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The Good, The Bad, The UglyGray Market Sales

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The Good, The Bad, The UglyGray Market Sales

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The Good, The Bad, The UglyCounterfeit Sales

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The Good, The Bad, The UglyCounterfeit Sales

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The Good, The Bad, The UglyCounterfeit Sales

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The Good, The Bad, The UglyWho’s Duty is it to Police the Internet?

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The Good, The Bad, The UglyWho’s Duty is it to Police the Internet?

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The Good, The Bad, The Ugly

DEMAND LETTERS(CEASE & DESIST)

DOMAINENFORCEMENTS

MARKETPLACETAKEDOWNS

Legal Remedies Available

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The Good, The Bad, The UglyTechnology to make policing manageable

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The Good, The Bad, The UglyTechnology to make policing manageable

Be Proactive about looking at new possible infringements that contain your property – detect soon and often

Actively watch for a change in status for “danger signs”

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The Good, The Bad, The UglySimple – 2015 Brand Protection Strategy!! No Surprise Here!

Reporting EnforcementResearch

Unless we actively have a strategy to enforce our reporting and research we will never solve the “Problem”

We have to “Know What We Don’t Know”- Basically we need to dive deeper into the unknown -Investigations

We have to first identify the “where” and “what” details of the problem that is afflicting our property

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Q&AWebinar Recap

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2015 Upcoming Webinars

“Know What You Don’t Know” Series12 Months of webinars devoted to providing manufacturing and retail attendees with best practices in channel management, pricing policy, brand protection, and where to buy solutions.

Join us all year for two great webinar series

“Meet the Marketplace” SeriesWe leverage our relationships to bring you 1-on-1 inside conversations with the leaders from the major and secondary marketplaces, followed by Q&A for attendees.

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Channel IQ55 W Monroe, 22nd FloorChicago, IL 60603www.channeliq.com

For More Information Please Contact:

Thank You

David Howell: [email protected]