The Top 10 Online Brand Protection Strategies · 2020-06-13 · For information on MarkMonitor...

© 2014 MarkMonitor Inc.

The Top 10 Online Brand Protection Strategies

Featuring:

Elisa Cooper, MarkMonitor Inc.

Andrew Horton, MarkMonitor Inc.

March 19, 2014

The Top 10 Online Brand Protection Strategies

� Featured Speakers

Elisa Cooper, Sr. Director, Product Marketing, Domain Management

MarkMonitor Inc.

Andrew Horton, Sr. Director, Product Management, Brand Protection, MarkMonitor. Inc.

The New Reality: Generic Top-Level Domains (gTLDs) are Here

New gTLD Program History

Source: ICANN July 2013

Type of New gTLDs

� New gTLD program alters the Internet landscape

� New TLD types• Brands

• Community-based

• Geographical

• Open Generics

• Closed Generics

New gTLD Applications by the Numbers

� 1,350 unique strings

• Approximately 50% single registrant TLDs

• Approximately 620 new gTLDs launching over the next 2 years

� 121 applications withdrawn to date

� 1,749 applications processed

� 460 applicants invited to contracting

� 263 applications have received Formal Objections

TLDs to Watch: The “Super Six”

Gripe

Charitable

Vice

GeographicCorporate Identifiers

Generic

.App

.Blog

.Home

.News

.Sucks

.Web

.Corp

.Gmbh

.Inc

.Ltd

.Sarl

.Spa

.Charity

.Foundation

.Gives

.Care

.Help

.Gift/.Gifts

.Fail

.Feedback

.Forum

.Gripe

.Review/.Reviews

.Wtf

.Adult

.Bet

.Casino

.Porn

.Poker

.Sex

.Istanbul

.London

.Madrid

.NYC

.Paris

.Tokyo

Time to Rethink Your Defenses

Registering to Protect? Think Again

� Registering broadly across 620+ TLDs • Cost prohibitive and impractical

• Many corporate portfolios are already bloated

� Consider DPML submissions• Be aware of Premium Name lists and competing marks

� Focus on core brands in TLDs where there is a nexus• Understand where vulnerabilities currently lie

Police, Investigate and Capture Evidence

� Detect fraud in the Internet quickly and investigate immediately

• Exploits company identity

• Exploits consumer trust in company or lack of technical sophistication

� Capture evidence of egregious abuses proactively

� Understand where abuse is having an impact

Undertake an Active Defense

� Leverage Rights Protection Mechanisms (RPMs)• URS (Uniform Rapid Suspension)

• UDRP (Uniform Dispute Resolution Policy)

• PDDRP (Post-Delegation Dispute Resolution Policy)

• RRDRP (Registry Restriction Dispute Resolution Policy)

• PICDRP (Public Interest Commitment Dispute Resolution Policy)

� Initiate administrative, legal or technical means to shut-down sites• Cease and Desist or Demand Letters

• Site take-downs via ISP under DMCA

� Prevent customers from reaching the site

Make Domain Security a Priority

Registry Security Breaches

� 23 events in 2013 including:• .CN (China)

• .BE (Belgium)

• .MY (Malaysia)

� Issues resulting from DDoS, SQL injection and brute force attacks

� Domains primarily redirected to politically motivated sites

Registrar Outages and Hacks

� Self-inflicted outages• Inadvertent updates to nameservers takes down

sites

� Social engineering attacks• Login credentials disclosed and used to redirect

well-known site

Domain Security Best Practices

� Lock core domains at the Registry level, wherever possible

� Employ 2FA for accessing domain management and DNS management portals

� Implement DNS monitoring to identify unauthorized changes at the registry

� Never share login credentials for domain / DNS management portals

� Disable ability to edit core domains for all users

� Continually manage and review secondary user accounts

� Require mandatory password updates

� Implement IP access restrictions

� Receive automated notifications of every domain name update

� Utilize a corporate-only, hardened Registrar

Maximize Brand Protection Investments with More Efficient Enforcement

Technology + Experience

� Align enforcement with business problems

� Leverage business intelligence to focus on biggest offenders

� Automatically analyze the makeup of websites to identify similarities linking sites together

� Establish relationships with online service providers for more efficient enforcement processing

Case Study: Luxury Brand - First 6 Months

0

2,000

4,000

6,000

8,000

10,000

12,000

10,000 5001,800

4,000

2,000

1,700

83% Reduction in Rogue Sites

Tailor Your Brand Protection Strategy for Greater Success in Asian Markets

Asian Market: Fast Growing and Dynamic

� Over 1.1 billion Internet users

� 44% of all Internet users worldwide

� Since 2003, Asian e-commerce has grown 120% yearly

� Chinese online shoppers have doubled in the last 3 years, surging to 250 Million+

Success Starts With a Strong IP Portfolio

� Register trademarks in all relevant classes and countries (prior to product launch)

� Be prepared to meet country specific requirements:• Red seal on documents

• Business licenses, etc.

� Provide proof of authorization to use trademarks of any brands registered under a different company name

� Maintain an accessible reference library of copyrighted imagery for both past and present products

� Maintain an updated patent portfolio to complement copyright and trademark enforcement efforts

Understand Scope and Prioritize Enforcement

� Understand the scope of your underlying problem

� Disrupt the counterfeiters, become a hard target• Regularly delist to significantly reduce the volume of infringing listings

- Use whatever enforcement reasons are available

• Categorize remaining listings by counterfeit, grey market, or legitimate

� Prioritize and escalate enforcement for persistent sellers• Controlled buys to identify supplier

• Marketplace black-listing

• Legal action

Copyright is Usually the Easiest Way to Get Listings Down—Fast

Develop a Regional Monitoring and Enforcement Strategy

� Prepare to constantly evolve your enforcement strategy

� Adapt internal processes to each exchanges’ localized requirements and guidelines

� Understand your distribution partners and affiliates in each region

� Utilize local, professional, and native speakers for review

� Be prompt and consistent in enforcement efforts

� Escalate unresolved issues outside the standard IPR process• Remember, being too aggressive can result in additional scrutiny and

removal time for all of your delisting requests

� Leverage intelligence gained from monitoring for valuable insights into developing markets

Keep Up with Fast Movers – Social Media and Mobile

Best Practices for Brand Protection in Social Media

� Proactively register brands across social media sites

� Search social media for unauthorized use• Within social media pages: usernames, posts

• Search globally

• Start with and focus efforts on the largest social networking sites

� Be aware of emerging sites and stay ahead of the curve

� Take appropriate action…with caution• Catalog brand infringement details

• Online enforcement

� On the basis of social media site terms of service

� Impersonation and trademark reasons are effective

• Coordinate enforcement efforts with all interested departments

� Maintain constant vigilance• Monitor for compliance

| Confidential

Mobile App Downloads

0

5

10

15

20

25

30

35

40

45

Bill

ions

Total Downloads to Date

0

100

200

300

400

500

600

700

800

900

Thousands

Apps for Sale

?

Mobile App Problems and Enforcement Best Practices

� Business Problems• Impersonation

• False association

• Piracy

• Copyright infringement

• Trademark/logo abuse

• Distribution of viruses/malware

• Compromised customer confidential information

� Enforcement Best Practices• Understand the policy and procedures of the mobile app store

• Resolve issues directly with developers, when appropriate

• Send follow up notices to app store platforms

Cut-off the Pirates’ Revenue Stream

Problem: Piracy is Supported by a Complex Network of Advertisers

Brands MediaBuyers

AdExchange

AdNetwork

AdServer

Buy ads directlyor indirectly

HostingServices

LinkingSites

SearchEngines

Buy ads for brands

Offer an auction for publishers and

advertisersOffer a network of

publishers

3) Provide Ad Tags

Direct traffic to sites

Serve Search Ads

1) Purchase Search

Ads for Keywords

Commercial & Consumer

Pirates

1) Buy Ad Inventory

4) Serve Ads

2) Sign Up forPublisher NetworkConsumers Subscription

Revenue

Surfs sites, views ads and pays subscriptions

Brands MediaBuyers

AdExchange

AdNetwork

AdServer

Buy ads directlyor indirectly

HostingServices

LinkingSites

SearchEngines

Buy ads for brands

Offer an auction for publishers and

advertisersOffer a network of

publishers

3) Provide Ad Tags

Direct traffic to sites

Serve Search Ads

1) Purchase Search

Ads for Keywords

Commercial & Consumer

Pirates

1) Buy Ad Inventory

4) Serve Ads

2) Sign Up forPublisher NetworkConsumers Subscription

Revenue

Surfs sites, views ads and pays subscriptions

Solution: Follow the Money

$

$

$

$

Online Advertisers and their Technology Partners are Tackling Online Piracy

� The IAB, the Trade Association governing industry standards for Internet Advertising has a working group

� Members have an interest in staying out in front of major policy issues to avoid government regulation:

• Privacy

• Copyright Infringement

• Fraud

• Transparency

� Quality Assurance Guidelines Committee sets quality standards for ad sellers including: ad delivery, transparency, measurement, placement, content matching, and copyright

Brand Trust Matters More in an Omnichannel World

Online Influences the Offline World

� Consumer Trust in Brands is Threatened by Nefarious Online Activity:• 1 in 5 bargain hunters are duped into purchasing counterfeits online

• 65 percent of online shoppers plan to browse online and then head to stores to make their purchases (Source: Accenture)

• 50% of senior IT professionals ranked cyber-threats as the second biggest danger to business – second only to economic uncertainty (Source: Kaspersky)

� Keys to Mitigate Risk• Clean up the online channel

• Leverage online intelligence to guide offline actions

• Make your brand a hard target

Protect Your Digital Content

Digital Content Threat Vectors

Monitor public hosts of files for download. Cyberlockers and their peers were originally developed to share large files in the cloud instead of by email. Today, combined with linking sites, they form an ecosystem of illegal file sharing.

P2P protocols were also developed to share large files and can be used to share illegal content.

Search engine delisting, collects the inbound links to infringement from search engines and enforces on them through the sites’ copyright enforcement programs.

Monitor live Internet Streams from live events and re-broadcasts of TV content. Leverage video fingerprinting to streamline and automate verification. Remove streams during events.

Monitors commercial UGC sites and cyber streaming hosts – sites that host video for replay on demand. Leverage video fingerprinting to streamline and automate verification.

Monitors infringing sites and identify the ad network or exchange. Send non-legal advisory notices that the ad service is serving ads against bad content.

P2P

Search

LiveStreaming

VideoStreaming

x

Ad Monitoring

Cyberlockers

Protecting Your Brand in the “Big Data” Era Yields Business Intelligence

Leverage Brand Abuse Data

� Understand Market Drivers for Counterfeit Goods • Special offers and packaging

• Marketing to specific regions and local markets

• Sizing, colors or alternative options

� Build New Products, Services, Offers to Capitalize on Consumer Demand

� Increase Legitimate Sales While Undermining Counterfeiters

1. The New Reality: Generic Top-Level Domains are Here

2. Time to Rethink Your Defenses

3. Make Domain Security a Priority

4. Maximize Brand Protection Investments with More Efficient Enforcement

5. Tailor Your Brand Protection Strategy for Greater Success in Asian Markets

6. Keep Up with Fast Movers – Social Media and Mobile

7. Cut-off the Pirates’ Revenue Stream

8. Brand Trust Matters More in an Omnichannel World

9. Protect Your Digital Content

10. Protecting Your Brand in the “Big Data” Era Yields Business Intelligence

Top 10 Brand Protection Strategies

Q&A

� Featured Speakers

Elisa Cooper, Sr. Director, Product Marketing, Domain Management

MarkMonitor Inc.

Andrew Horton, Sr. Director, Product Management, Brand Protection, MarkMonitor. Inc.

Thank You!

� For information on MarkMonitor solutions, services and complimentary educational events:

• Contact via email:

[email protected]

• Visit our website at:

www.markmonitor.com

• Contact via phone:

US: 1 (800) 745 9229

Europe: +44 (0) 203 206 2220

The Top 10 Online Brand Protection Strategies · 2020-06-13 · For information on MarkMonitor...

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