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Online Brand Protection - The What, Where and How

by Emely Romero 8. December 2011 23:05

In the words of one industry expert, “[B]rands operating without online intelligence are essentially flying deaf, dumb and blind.”

Some may consider this harsh, but companies that fail to defend their brands by monitoring use on the Internet face considerable risks: compromised brand integrity, diminished customer loyalty and increased vulnerability to revenue losses. Simply ignoring the issue creates opportunities for others to exploit a brand’s value and profit at the expense of the legitimate brand holder.

However, many companies find it difficult to determine the “what,” “where” and “how” of online brand protection, so perhaps a brief primer would be helpful. Let’s begin with the two most common approaches to online brand abuse: reactive and proactive.

The reactive approach involves having customers or employees report incidents of online brand abuse as they are discovered. Companies typically accomplish this with internal resources, which they perceive to be less expensive and involve less work than engaging a brand protection firm, at least in the short term. Unfortunately, this approach is largely ineffective approach. By the time abuse is detected, the problem may already have spread to other locations and potentially affected thousands or even millions of people, for example through phishing or identity theft schemes. Even relatively brief delays can significantly erode customer trust and lead to exploitation of a brand’s good name and reputation.

The other most common approach involves proactive activities. Savvy companies go beyond scouring the Internet to collect intelligence; they also establish reporting mechanisms and processes (usually provided by third-party vendors) that enable them to aggressively monitor online activity. Yet companies can take other preemptive steps, such as crafting strict compliance guidelines for affiliates and other business partners, or defensively registering domains in various international markets. This enables them to quickly react and enforce their rights, potentially halting abuse before it escalates. However, the cost associated with this approach can outweigh the benefits, and completely eliminating every instance of abuse online is simply impossible: the sheer scope of today’s digital landscape precludes it.

Although these approaches both have merit, they cannot inadequately address a problem that is continuing to grow and affect brand holders around the world. Many companies have little or no experience creating effective online brand monitoring programs. Others have programs in place but fear they are continuing to overlook instances of brand infringement. The enormity of the Internet makes gathering relevant intelligence an overwhelming task. Therefore, it’s critical to first gain a clear understanding of the “what,” “where” and “how” of online monitoring.

What

Brand holders should begin by identifying potential issues or concerns and then determining where best to focus their monitoring efforts. This analysis should consider the company’s business model and the potential impact of brand infringement on revenue. Some companies may decide to focus on anti-counterfeit measures, while others may emphasize cybersquatting threats. After the critical issues are identified, they should be prioritized, with those having the greatest potential negative impact getting the most attention. Once a company has prioritized its most significant challenges, it can effectively allocate resources for online brand protection and enforcement.

Where

Depending on the nature of the brand, there may be other online environments (in addition to the web) that should be included in the company’s online monitoring efforts. For example, while the threat of piracy can be found on the web, it also can be detected in peer-to-peer (P2P) networks and in the use of the file transfer protocol (ftp) when large files are transferred. Similarly, instances of counterfeiting and gray market distribution can be detected within e-mails and usenet newsgroups, as well as on auction and classified ad sites.

Companies also can implement unconventional tactics that allow them to maintain awareness of how their brands are being use on the Internet. By monitoring the online presence of third parties such as affiliates, business partners and competitors, companies can detect unauthorized use of their logos, images and other brand marks. A “reverse lookup” that uncovers links to a brand’s website or domain can help identify false affiliation claims. The focus should be on those environments with the greatest potential for harm. For example, if your greatest concern is counterfeit activity, you should pay particular attention to classified ad sites, auction sites and B2B tradeboards.

How

The greatest challenge is locating brand infringement or abuse in cyberspace. A brand can be found in different forms and in different online environments. Although search engines and other online environments can be helpful in uncovering some instances of abuse, they generally lack the ability to locate the most egregious offenders; third- party technology is almost always necessary. Monitoring domain names, the major social media and prominent auction and classified ad sites are among the most valuable tactics for detecting online abuse. These tools can be supplemented by human observation. Employees, customers and partners can help monitor how a brand is being used – or abused – online. Developing a process that enables stakeholders to report abuse can effectively compliment technology-based online monitoring programs.

Developing and maintaining brand equity is a top priority for virtually every organization. However – and notwithstanding the undeniable benefits – the Internet’s sheer ubiquity makes protecting brands there an unnerving challenge, but one that companies ignore at their peril. Gathering intelligence on potential brand infringement, and taking action when such abuse is detected, is crucial. Marketers, brand managers, IP attorneys and others need not be overwhelmed by this responsibility: determining what, where and how to monitor brands can help companies protect these precious corporate asset while reducing costs. Simply put, trying to gather intelligence without an effective online monitoring program is like trying to drive with your eyes closed. You might get to where you’re going…but you are more likely to crash and burn.

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