Preventing online trademark infringement and counterfeiting starts with awareness

Trademarks act to identify the source of a particular good or service. To be effective and drive sales, they generally need to be visible to a certain segment of consumers. On the Internet, such “visibility” can be achieved through various search engine optimization and marketing techniques. Various ways unscrupulous infringers trade in trademarks, trade names, and the goodwill of trademark owners are discussed below.

1. Domain names – Certain use of trademarks or similar confusing variations as domain names may constitute trademark infringement. In addition to the remedies available against cybersquatters under the Cybersquatting Consumer Protection Act (ACPA), 15 USC Section 1125(d), a trademark owner may bring suit in state or federal court. Tracking domain name registrations is an effective first step in flagging violations. Trademarks, trademarks plus additional verbiage, and obvious typographical errors (known as “typosquatting”) should all be considered in a monitoring program.

2. Meta tags and source code – Sophisticated infringers will insert trademarks into a website’s source code to lure consumers to the site when they enter search engine queries for the trademarks. These tactics include meta tags, title tags (located at the top of the page and usually displayed at the top of the browser window), and header tags (code associated with key text on the website page). Parts of the source code can be viewed by selecting “Show Source Code” or similar options depending on how the browser is used. Along with website copy, the use of trademarks in the source code is probably one of the reasons why a web page shows up high in organic search engine results.

3. Website Copy – Actual text on websites is one of the most obvious ways to infringe a trademark and works well for search engine optimization. This type of infringing use of the trademark can generally be found by searching the page(s) of the website.

4. Keyword advertising – Trademark infringement in keyword advertising, also known as “pay per click” advertising, is one of the most insidious because of the effect it has on some trademark owners. In keyword advertising, someone bids on a particular keyword or phrase entered by the public into a search engine. Winning bidders usually appear as advertisements or results in a “paid sponsors” area of ​​the search engine results page, usually at the top or right of the page. Trademark infringement in keyword advertising occurs in two possible ways. First, the advertisement may contain an infringing use of the trademark and typically includes a link to a website. This may divert people searching for a branded product or service to a third party website. Second, the trademark can be used in the keyword bid itself, which can also divert business from the rightful owner of the trademark. The latter is particularly egregious because the price of keyword advertising is usually based on an auction format and increases as the number of bidders for the term increases. Therefore, third-party infringers can increase the cost for the trademark owner to bid on their own trademarks in keyword advertising.

5. Social networks – In addition to the obvious problem of infringers acquiring usernames from trademarks or trademarks (also known as “username squatting”), trademarks can be infringed in a variety of ways on social media. These include posts, domain name links, and background information. Companies should regularly monitor their trademarks on social media to prevent future infringements and stop innocent infringements as soon as possible.

6. Internet Directories – Because of the many Internet directories out there, unscrupulous trademark infringers can list their website or business (with a link to their website) in these directories and misdirect consumers’ searches for a trademark . This type of trademark infringement can be particularly difficult to remedy due to the large number of directories, the relative lack of self-control, and the international distribution of operators. Generally, an agreement with a trademark infringer should include a requirement that a disidentification request be made to any Internet directory containing infringing references or content.

7. Blog Posts, Article Sites, and Other Comments – Blogs, article submission sites and other sites that allow comments are an excellent opportunity to build inbound links and thereby increase a website’s search engine optimization. Unfortunately for trademark owners, these sites provide an equally excellent opportunity to conduct business using someone else’s trade name or trademark.

8. Search Engine Directories – Like Internet directories, search engines provide listings, such as Google Local (now Google+), where businesses can be listed along with their address, basic business information, description of services/goods offered, and site address Web. These listings are ripe for one business to claim the identity of another. Trademark infringement can also occur in the description of the business or the services/goods offered. Most search engines provide a process to “claim” a listing or transfer it to the rightful owner. Businesses should be proactive in this area by reclaiming their listings before they are taken over by third party offenders.

9. Website hijacking – One of the scariest new developments in brand counterfeiting is website hijacking. This new form of infringement is likely a response by infringers to the success brand owners have had in cracking down on online brand counterfeiting. Website hijacking is when an infringer hacks into a website, usually a corporate one and sometimes one owned by a well-known company, establishes a subdomain, and operates a counterfeit online store that sells infringing products. The company is often unaware of this, only finding out after the brand owner files a lawsuit to stop the offending online store unknowingly operated by an innocent third-party company. This technique is particularly devious, as it gives the counterfeiter cover and time for the court system to move their operation before the brand owner can obtain a court order.

Despite the danger the Internet poses to brands and brand owners, there are many effective strategies to stop infringement. Monitoring the use of trademarks is an effective first step. Contacting an intellectual property attorney and submitting cease and desist letters are additional steps that can be effective before filing a trademark infringement lawsuit.

For more information on brand protection, please refer to our company website.