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Posts Tagged: "brand protection"

Is Your Brand Protection Strategy Defamation-Proof?

Robert Willison, an Atlanta real estate investor, could not believe what he was seeing on the computer screen. A business associate had mentioned that Mr. Willison might want to Google himself, as some odd search results were appearing. And there they were. Post after post after post, across numerous websites and social media platforms, alleging that Mr. Willison was a sociopathic criminal. According to the posts, Mr. Willison sold drugs to federal judges, stole credit cards numbers, stole money, made death threats, committed home invasions, masterminded a Ponzi scheme, and more…. Understanding the best practices for handling these situations can help turn them around, just as Mr. Willison did, to protect your online reputation – a valuable component to both an individual and their business’s intellectual property

Controlling Your Brand in the Age of Social Media

Trademark protection has never been more important than in today’s increasingly global economy. A company’s name, trademark or service mark, trade dress and website domain name are often its most important and valuable assets, and this applies as well to companies with lesser-known brands since social media has provided them with a platform to reach a worldwide audience. But even companies with well-known brands use social media as a tool to manage their brands’ image and engage with customers directly. In a borderless world economy, brands simply must utilize social media to remain competitive.

Dangerous Counterfeits Becoming More Difficult to Avoid

While many holiday shoppers may think that they’re getting a bargain by purchasing goods displaying a particular brand without having to pay brand prices, these shoppers are unwittingly gifting low-quality items or worse, products that pose health hazards, to their friends or loved ones. Thanks in large part to the Internet, counterfeiting operations have reached epidemic levels in recent years. Nearly half of all brand owners are losing revenues because of the sale of counterfeits and, in 2017, U.S. customs agencies seized a total of 34,143 shipments carrying counterfeited goods being imported into the U.S. But counterfeiting is a victimless crime, the common refrain goes. Nothing could be further from the truth. Terrorist organizations and organized crime families are turning to counterfeiting as a meaningful source of income given the exceptionally low penalties even if they are caught and extraordinarily high profit margins — profit margins that are even higher than selling drugs on the street. 

Counterfeiters to target Millennial shoppers on Black Friday: How can brands fight back?

Black Friday is one of the most important retail events of the year for brands and consumers alike. This sales event is particularly tempting for price-centric Millennials whose diverse buying habits put them at increased risk of falling for fakes. Representing one of the biggest Black Friday consumer segments, they are particularly vulnerable to counterfeiters. Last year alone, our data show that an estimated $482 million were lost on Black Friday from Millennials who unwittingly bought fakes online.

5 Mistakes Businesses Make with Trademarks and Brands

Although running an early-stage startup is exhilarating, do not let your brand name protection be swallowed up by all the excitement. Neglecting to properly secure a trademark for your company and products can lead to expensive consequences in the future, such as being forced to rebrand just as you’re gaining traction or being unable to stop infringers from using your brand name. Below are 5 of the most common mistakes businesses make with trademarks and what you can do to avoid them.

Trademark Enforcement: A More nuanced game than whack-a-mole

A successful advertising campaign promotes goodwill and brand identity, spurring sales, revenue, and profit.  But success begets imitation.  All too often, imitators attempt to hijack a brand and, with it, all the blood, sweat, tears, and money invested in it. While there are some similarities, the unfortunate reality is trademark enforcement is more nuanced than a game of whack-a-mole.  Not every “mole” is worth whacking, some that are whacked may not respond favorably, and sometimes the mallet just is not strong enough to play. So, what should a trademark owner consider when determining whether to take enforcement action?  The first step is to identify the scope and strength of the trademark.  Next, it is important to determine whether enforcement will obtain the desired results.  Lastly, the impact of inaction should be examined.

Trademark Licensing Protection Act to Prevent Brand Control from Creating Joint Employer Relationship

Congressman Steve Chabot (R-OH) and Congressman Henry Cuellar (D-TX) are co-sponsoring H.R. 6695, the Trademark Licensing Protection Act of 2018, which has been referred to the House Committee on the Judiciary. The bill is designed to clarify the law around trademark licensing for franchises in a way that reduces the liability of franchisees under current U.S. labor law.

Brand counterfeiting is starting to reach epidemic levels

The rate of digital transformation within the business world is unstoppable. Of course, transformation of this kind can deliver numerous benefits, but it is also leading to an increase in illicit counterfeit activity. Almost half (47%) of all brands are losing revenue due to counterfeiting while four out often organizations have experienced an increase in the occurrence of counterfeiting and brand infringement. This has, more often than not, originated from a variety of components related to digital transformation on a global scale, including but not being limited to: advances in social media (61%); chat/messaging (52%); artificial intelligence (51%); the dark web (48%), and augmented reality (47%).

The Rise of Counterfeit Products on Facebook

Counterfeit products are an enormous problem for businesses all over the world. Counterfeiters rip off name brand products, making cheap knock-offs, easily (and conservatively) costing many hundreds of billions of dollars each year… For example, according to RedPoints, an online piracy and brand abuse monitoring company, during 2015 Facebook accounted for only 2.2% of counterfeits sales of football jerseys for the clubs they were monitoring. That number grew to 46.3% by 2017. With the infringements on Facebook typically being smaller in scale, RedPoints comes to the conclusion that counterfeiters have not merely left one channel for another, but instead are using multiple sales channels and diversifying their efforts.

Tips For Safeguarding Your Concept, While Making Your Mark on the Wellness Industry

Consumers driving the Wellness industry seek more than just a clothing company, a new workout, or a healthy alternative to the standard lunchtime sandwich – they value brand integrity and want to build relationships with brands that align with the lifestyle they aspire towards. This means Wellness companies should have a solid brand protection strategy in place from the outset. Ideally one that is capable of scaling with your international ambitions, and which can help prioritize spending, save resources and attract investors. Early-stage checks on trademarks, designs and domain names are essential to ensure your business can trade with confidence.

The GDPR In Full Effect: What Will Happen to WHOIS?

It has been a long time coming, but the General Data Protection Regulation (GDPR) is almost here. This new privacy regulation requires substantial changes to the collection and storage of data and will affect multiple disciplines, including the brand protection industry. One of the ‘victims’ of the new law is the WHOIS database. How will these changes affect its records?

The Cost of Registering a Trademark in Southeast Asia

Typically, there are three categories of costs involved in filing trademark applications in Southeast Asia and, subsequently, getting them registered; these are official fees, attorney charges, and translation costs. As is the case with the other types of trademark costs, the costs are generally dependent on the number of classes of goods and services under which the trademark applications are filed. The ‘International Classification of Goods and Services’ contains 34 classes for goods and 11 classes for services.

Selecting a Business Name in a Social Media Crazy World

Your business name is how people will identify with your goods and services, so you want to have one identity that is all your own. Simple enough really, at least in concept, but making a mistake at the selection stage will prove costly… It would seem virtually impossible to operate in the modern world without a website for your business, and soon it will be equally incomprehensible not to be using social media platforms in one way or another. The power of social media is only growing, and smart businesses are trying to position themselves to take advantage of the phenomenon. If you are serious about your business endeavors you too need to get in the social media game, and if you don’t already have a website for goodness sake get moving!

State vs. Federal Trademarks, Which is Right for Your Business?

Not all trademarks are created equal. While every state allows you to obtain a trademark registration, a federal trademark registration provides the greatest rights. This is because when you obtain a United States federal trademark your rights will exist throughout the country, and not just in one particular geographic locality. With a state trademark you obtain rights to your immediate geographical area only, not the entire state, which is an important consideration… This does not, however, mean that state trademarks are useless. It does mean that you should not only obtain a state trademark.

Mattel fais in Japanese trademark opposition to block ‘Salon BARBIES’

In a recent trademark opposition, the Opposition Board of the Japan Patent Office (JPO) dismissed an opposition by Mattel, Inc. – maker of the world-famous Barbie doll – who claimed “Salon BARBIES” is likely to cause confusion or association with famous Barbie doll when used on restaurant and fan club services.