Online brand protection and technology
What is online brand protection?
Since many counterfeits and illegal parallel imports are advertised and traded online, monitoring digital channels and taking appropriate action is key.
While these processes can be undertaken manually, the use of automated, or part-automated, tools greatly enhances the effectiveness of any programme. As a technology-focused firm, we work with industry-leading AI technology, designed to identify and take action against infringements across multiple channels at speed. Use of this tool sits alongside some of our related services, such as domain name recovery and obtaining internet service provider blocking injunctions.
Our Online Brand Protection Tool
Protecting your brand today requires so much more than just registering rights. Counterfeits, impersonators, grey market activity, and content misuse have all surged. Your brand is under attack from multiple directions, with bad actors working across global marketplaces, social media, domains, and search platforms to infringe your rights and profit from your success.
We can help you to stop them in their tracks. To achieve this, we are working in collaboration with industry-leading AI technology, designed to identify otherwise undetected infringements. We offer an integrated brand protection service that allows you to enforce your IP rights with speed, scale and legal rigour. We'll help you detect, act on and escalate online infringement across multiple channels.
Benefits and features
- It involves sophisticated AI and machine learning, behaviour analysis, natural language processing and image recognition.
- The technology can recognise patterns, predict trends and spot misspellings, altered logos, imitation packaging and low-resolution images.
- Huge volumes of data can be analysed, with automated real-time monitoring across multiple channels.
- Online takedown (discussed below) can be automated (or part-automated), ensuring that infringements are addressed promptly.
- Dashboards and analytics are standard and can help brand owners to understand infringement patterns, regions of high risk and repeat offenders, allowing them to adjust their brand protection strategies proactively and reduce the likelihood of repeat offenders. For some clients, the analytic component is valuable commercial data on where there is unmet demand for their products.
Online platform takedowns
We have extensive experience of working with clients to effect notice and takedown actions either on an ad hoc or regular basis. We also work with clients to assist with related infringements of their rights.
Domain name recovery
Domain name infringements (also referred to as cybersquatting) are common in the counterfeiting landscape.
They involve incorporating the target brand name within a website domain on which related counterfeit products will be sold.
The use of a brand name within the domain has the dual purpose of driving consumer traffic to the website and lending legitimacy to the counterfeit on sale. There are various options to recover domain names (and have the associated website taken down) via domain name complaint procedures, including Uniform Domain-Name Dispute Resolution Policy (UDRP) proceedings, Uniform Rapid Suspension System (URS) proceedings and various country code top-level domain dispute mechanisms.
Internet services providers – blocking injunctions
Rights holders can request that Internet Service Providers (ISPs) block access to certain websites on the basis that they host or facilitate access to infringing content, including counterfeit goods.
Generally, ISPs in the UK are not authorised to block content without a court order (known as a blocking injunction). Blocking actions typically require a judicial mandate to ensure that they are lawful and proportionate, safeguarding against potential overreach and protecting users' rights.
An outline of the blocking process is set out below.
Application for injunction
The rights holder must first apply to the court for a blocking injunction, usually after other measures to stop the infringement have failed.
Legal basis
The application must demonstrate that the website in question is primarily engaged in illegal activities (namely the IP criminal offences outlined in tab 3) and that the injunction is necessary and proportionate. These injunctions aim to protect intellectual property rights by making it harder for users within a jurisdiction to access illegal content. However, they must balance enforcement with respecting legitimate uses of technology and free expression rights.
Court hearing
The court will evaluate evidence from both the rights holder and potentially the ISP or website operator if they choose to contest the application.
Decision
If the court finds in favour of the rights holder, it issues a blocking injunction requiring ISPs to restrict access to specific domains or URLs associated with the infringing activities.
Implementation by ISPs
ISPs must comply with the court order by implementing technical measures (such as DNS blocking, IP address blocking or URL filtering) to prevent users from accessing the targeted websites.
Monitoring and reporting
Rights holders will then typically monitor compliance and may report any circumvention attempts (eg mirror sites). They can return to court if additional injunctions are needed.
Review and renewal
Blocking injunctions can be time limited and subject to periodic review by the courts to assess their continued necessity and effectiveness.
Note that there are specific circumstances where ISPs will voluntarily block content based on their own policies or national law (for example, in relation to CSEA or terrorism-related content), but for most cases involving counterfeits, obtaining a court order remains the standard procedure to compel an ISP to block access to certain websites.
Application for injunction
The rights holder must first apply to the court for a blocking injunction, usually after other measures to stop the infringement have failed.
Legal basis
The application must demonstrate that the website in question is primarily engaged in illegal activities (namely the IP criminal offences outlined in tab 3) and that the injunction is necessary and proportionate. These injunctions aim to protect intellectual property rights by making it harder for users within a jurisdiction to access illegal content. However, they must balance enforcement with respecting legitimate uses of technology and free expression rights.
Court hearing
The court will evaluate evidence from both the rights holder and potentially the ISP or website operator if they choose to contest the application.
Decision
If the court finds in favour of the rights holder, it issues a blocking injunction requiring ISPs to restrict access to specific domains or URLs associated with the infringing activities.
Implementation by ISPs
ISPs must comply with the court order by implementing technical measures (such as DNS blocking, IP address blocking or URL filtering) to prevent users from accessing the targeted websites.
Monitoring and reporting
Rights holders will then typically monitor compliance and may report any circumvention attempts (eg mirror sites). They can return to court if additional injunctions are needed.
Review and renewal
Blocking injunctions can be time limited and subject to periodic review by the courts to assess their continued necessity and effectiveness.
Tips for online brand protection
Consistent monitoring: Regularly monitor online channels, including websites, marketplaces and social media sites. Make sure timestamped screenshots are taken of any infringing listings, showing full details including the product and seller.
Use a combination of AI and human oversight: The combination of AI technologies and human oversight is critical for a truly effective brand protection strategy. This approach allows brand experts familiar with your IP portfolio to form strategy, train and refine, validate findings, interpret complex results and ensure the process is aligned with your overall objectives.
Ongoing strategy adjustment: Regularly review and update your brand protection strategy to ensure it remains effective against evolving threats.
Legal enforcement: Establish clear protocols for responding to infringements, including platform takedowns and cease and desist letters. The best online software platforms will be able to automate these procedures.
Ensure relevant IP rights are in place: Make sure you have the right IP rights in place, in the right countries and can easily obtain copies of registration and renewal certificates.
Partnerships with platforms: Collaborate with e-commerce platforms or check your online brand protection tool of choice has strong relationships with e-commerce platforms to ensure swift takedown of infringing listings.