It is old news that counterfeiting is a vast, successful and global business which increasingly operates online. As the Office of the US Trade Representative’s 2016 Special 301 Report noted, online sales of counterfeit goods have the potential to surpass the volume of sales through traditional channels such as street vendors and other physical markets. What is new is the more recent significant shift in the practice of online counterfeiters.
Faced with the continually expanding sale of counterfeit products online, more than ever, brand owners need to adapt and explore new and different ways to disrupt counterfeiters and make it harder and more expensive for them to succeed.
Michael J McCue and Anne Aikman-Scalese
Many brand protection strategies still focus on bulk seizures, customs training and border protection. However, success depends on protecting your company against online counterfeiting and piracy in a way that fits the realities of the digital age.
Jan Maarten Laurijssen
Unlike traditional bricks-and-mortar stores, online shops require minimal staff, which can lead to big savings. Unfortunately, these savings also apply to online infringers’ costs. In order to tackle online counterfeiting, rights holders usually hire someone to purchase the infringing goods and then take legal action based on this transaction.
Cyberattacks are flourishing, in no small part because the perpetrators have become adept at navigating the waters of the Deep Web and the Dark Web, far below the commonly traversed segments of the Surface Web. These expansive but hidden segments are changing the rules of the game for cybercrime and hacktivism.
There is no doubt that the UDRP offers many benefits to trademark owners, with owners prevailing in approximately 90% of all cases; but does it go far enough in addressing the ever-pressing issue of cybersquatting? Is there a need for a complete overhaul of the UDRP or can we rely on the current consensus that has been established over the years? This chapter addresses some of these questions.
Despite all the rumours and mutterings in and around the domain name community, there is still no news on when the Round 2 application window will begin. In order to understand why an organisation might decide to make a second-round application, it is worth examining why the existing applicants took the plunge back in 2011 and whether the same criteria exist today.
Much as in the case of personal bullying, the stereotypical description of trademark bullying plays on the David and Goliath story. Under this narrative, several large yet well-intentioned corporations have suffered marketing nightmares.
CA Brijesh and Rosalyn Malik
Even with official pages in place and an internal social media policy to ensure the positive management of complaints or negative press, social media inevitably also poses IP challenges. As it is free and fast to set up a social media account, potential infringers or squatters can quickly cause damage to rights holders.
Mobile commerce accounted for 40% of online commerce on a worldwide basis in 2015, according to a report published by Flurry, an analytics blog produced by Yahoo!. As apps continue to pop up in a variety of app stores available across mobile platforms, there are more and more opportunities for fake apps to try to divert business from legitimate companies.
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