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Online operators such as eBay, Facebook, Instagram and Amazon find themselves under the microscope. They have become hugely successful organisations, but their platforms are often misused by those infringing rights or promoting bad locations.
Trademark and domain experts from the United States discuss the evolving landscape of generic top-level domains, exploring the challenges faced by the Internet Corporation for Assigned Names and Numbers and best practice in enforcement efforts.
The first step in an intelligent domain strategy is to look at trademark registration strategy. What has been registered and where? Is there a pattern of registration in the trademark system that can be duplicated in the domain name system? For example, is there a list of ‘crown jewel’ trademarks and priority jurisdictions?
No one disputes the importance of protecting your brand, or in having a comprehensive strategy in place for proactively dealing with infringement, abuse and fraud. But the key thing to remember when it comes to brand protection is that it is not a static goal or aspiration. Rather, it is an ongoing endeavour that shifts and transforms according to changes in the business and the changing behaviour of scammers, infringers and cyber criminals.
For counsel not yet familiar with the Uniform Domain Name Dispute Resolution Policy, this chapter provides a high-level overview of the policy, as well as its historical and present-day context. For even the most veteran practitioners, this chapter offers insights and lessons learned over the past 19 years.
The sheer scope of online counterfeiting and the anonymity that the Internet provides counterfeiters necessitate that brand owners look to internet service providers whose roles in the world of e-commerce are essential for assistance in blocking or preventing counterfeiters from using their services. Unfortunately, rights holders and intermediaries have been wary of each other, if not adversarial.
Privacy advocates hail the new General Data Protection Regulation as a big step forward in the protection of personal data against misuse and abuse by commercial interests. The regulation confirms, they assert, that each natural person interacting on the worldwide web has “the right to be forgotten”. But how does our increasingly global internet-based society deal with bad actors, including criminals, in the face of these new privacy protections?
They are in the news every week data breaches. They happen to our favourite stores and also our trusted email providers. Our credit card information can be stolen or even worse, our personal data. Two new policies going into effect soon underline the fact that the phishing attacks and spoofing that lead to data breaches are only increasing in frequency and there is no slowing down in sight.
Although it is a hard truth that we must learn from our mistakes, it is also equally true that we can learn from the mistakes of others. Thus, it is essential for brands to learn from the failures and successes of the approaches adopted by their competitors in tackling online abuse in the social media environment.
When shopping on their handheld devices, millennials are turning to mobile platforms that combine social interaction, entertainment and e-commerce to deliver a truly personalised experience. It is important to understand some of the challenges that this presents for a brand seeking to protect itself in this new age, and how the challenges might be met.
Bereskin & Parr LLP Canadian courts have demonstrated a shift in the interpretation of use of a trademark. Brand owners should consider how they engage online with consumers in order to maintain protection
Kangxin Partners PC Online operators that use technical means to influence user choice or damage competing network products will be found in violation of the new Anti-unfair Competition Law
RNA, Technology and IP Attorneys With a growing incentive for traders to migrate to online retail marketplaces, Indian courts face a new set of challenges from disputes involving e-commerce
Bugnion SpA The popular practice of online personalities endorsing products for economic benefit has finally permeated the legal sphere brand owners should be prepared to pull the plug on misleading ads
Uhthoff, Gómez Vega & Uhthoff The anonymity offered by the Internet is a significant lure for infringers. However, despite the online landscape being largely ungoverned, Mexican rights holders can still take steps to protect their intellectual property
ATG Law Firm Search engines offer wide-reaching advertising opportunities, but the law is patchy on where liability for use of metatags and keywords falls in a trademark infringement suit
Birch Stewart Kolasch & Birch LLP Assessing the relevance of internet evidence can be a daunting task for rights holders. However, if submitted accurately at the earliest stages, such evidence may sway infringement proceedings
The primary challenge for most brand owners in China is the prevalence of counterfeit goods on Chinese e-commerce sites. The most popular of these have efficient complaint filing systems and rights holders are advised to learn how to use these mechanisms effectively. However, certain smaller sites have limited IP protection procedures in place, so a different approach is needed.
Counterfeiting is an issue that brands in all industries are contending with from pharmaceuticals, electronics and beauty products to luxury fashion and apparel and toys. The consequences of fake goods flooding the market can have an impact on many areas of the business, including the bottom line, reputation and customer satisfaction. In some instances, the impact extends well beyond economics and affects the health and wellbeing of consumers.
The transition of the IANA functions from the US government to ICANN triggered a comprehensive review of many of ICANN’s services. While these do not have a serious impact on the everyday use of the Internet, they do have consequences for the services available to brand owners to combat counterfeiting and cybersquatting.
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