Online Brand Enforcement 2019

Focusing on practical brand protection strategies for the ever-changing electronic environment.

Chapters

Making brand protection more consumer-centric

MarkMonitor
Online fraudsters, counterfeiters and pirates are becoming more adept at targeting consumers and taking advantage of legitimate brands. If businesses rely on traditional approaches to brand protection in the face of this onslaught, effective brand protection will be extremely difficult to achieve. To put this into perspective, consider the nature and scope of counterfeiting and brand abuse.

Brand protection strategy for social media

Red Points
The growth of internet usage worldwide, while clearly an opportunity for brands, is also proving to be a useful tool for counterfeiters. Brand abuse on social media has risen sharply in recent years and is especially notable in the sale of counterfeit products.

Return on investment – proving that protection pays

Sterne, Kessler, Goldstein & Fox PLLC
Even though the threat from counterfeiting shows no sign of diminishing, companies are often stumped by how to assess the cost of counterfeiting on a business, and how to effectively counteract the economic and reputational harm that it causes.

Rights protection mechanisms review: the future of enforcement?

Winterfeldt IP Group, PLLC
In 2016 ICANN committed to performing a review of all RPMs before launching any further gTLD expansions. This process will likely shape the RPMs for many years to come, so it is important that the community gets it right – in particular, ensuring the viability and utility of these mechanisms for brand owners without compromising legitimate domain name registrations in good faith.

China’s new E-commerce Law

SIPS
China’s new E-commerce Law (which entered into effect on 1 January 2019) regulates a wide array of matters, including antitrust, data protection, consumer protection, payment and delivery services, among others. However, the law’s provisions on IP protection seem to have attracted the most attention – both positive and negative.

Online brand enforcement in Italy: urgent remedies, ISP liability and arbitration

Martini Manna Avvocati
Online trademark infringement disputes in Italy are handled by the specialised judges of the IP courts, which are based in all Italian regions with the exception of Valle d’Aosta. The specialised IP courts are highly efficient, particularly in Milan and Turin, and generally allow trademark owners to obtain sound protection in a matter of a few weeks.

India’s upcoming data protection regime

Fidus Law Chambers
India is on the cusp of enacting its first comprehensive legislation on data protection, a natural fallout of the nine-judge constitution bench of the Supreme Court recognising the right to privacy as a fundamental right in the historic judgment Justice KS Puttaswamy v Union of India (24 August 2017).

Online brand protection strategies for the Russian market

Gorodissky & Partners
New challenges in a digital world dictate the necessity of adapting brand protection strategies. In the past, it was enough to deal with infringements on a case-by-case basis. However, today it is impossible to handle thousands of online infringements manually and more efficient tools (online brand protection solutions) are required.