No matter what certain actors in this field may say, online brand protection (OBP) is a legal solution to a problem, and not a technical one. In the context of OBP, technology will help a user detecting and analysing different uses of a brand the system will have found on the internet. More advanced systems will even help qualifying results and prepare the “paperwork” that allows the brand owner or its representative in taking action.

Now, because of the high degree of automation, brand owners have the choice:

• do some of the work in-house, using technical solutions that exist on the market;
• shift some of the work to a law firm, which may not have the necessary skills, expertise nor technology;
• outsource this to experienced service providers, which may not be entitled to render legal services in the strict sense of the word.
  

For the above reasons, we have assisted IP Metro in developing Magnify, its online brand (ab)use detection and analysis platform, and integrated our own case and infringement management systems with that. This way, we can provide a truly integrated service, based on our own hands-on experience and expertise in this market.

1. Detecting online brand (ab)use

The first step in online brand protection is detecting when and where your brand is being used online. This can be done manually, by regularly conducting online searches, or by using an automated online brand protection solution.

Since we have assisted in developing the technology we are using within Pitch, there is no learning curve in using other platforms. This allows us to present the first takedowns within one working day from the activation of your brand in our managed online brand protection service.

2. Swiftly analyse online brand abuse

Once you have a list of online instances where your brand is being used, it is time to analyse and qualify them. Are they legitimate uses, or are they infringing on your trademark? This evaluation will help you determine what actions to take.

The solutions we are using help to a large extent in separating genuine or allowed brand use on the one hand, and counterfeit or other type of brand infringements on the other hand.

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3. Take action against online brand infringement

Based on the results of your analysis, you will need to decide what actions to take. If there are infringing uses of your trademark, you may need to take legal action to protect your rights. In some cases, simply contacting the site owner may be enough to get them to remove the infringing content.

Other actions may include sending cease and desist letters, filing trademark infringement lawsuits, or taking other legal action. Some of the major social media platforms and marketplaces have designed specific procedures through which you can ask them to eliminate infringements swiftly.

Since we can take any type of action, we do not express any bias towards which action to take at a particular step in the process. Our workflows determine what is the best, most (cost-)effective action to take, allowing you to safeguard your brands in online environments.