Sustainable brandsMARQUES Sustainability conference(European Trademark Association)16.09.09www.davidgreen.me.uk

www.davidgreen.me.ukWhat do these have in common?Brands need to be protected if they are to be sustained – ‘hoover’ ‘aspirin’ and ‘escalator’ are all now generic terms – as trademarks they have become meaningless.

www.davidgreen.me.ukA changing world - megatrendsRecessionDebtEconomyMicrofinanceVolatilityAging demographicsChanged capital marketsShift from West to East

www.davidgreen.me.ukA changing world - megatrendsEnergySecurityDiversity of suppliesEconomyGeopoliticsRenewablesGrowing demandEfficiency and conservationFossil fuel exhaustion

www.davidgreen.me.ukA changing world - megatrendsEnergySustainability/Green livingEnvironmentConscious capitalismEconomyBiodiversity & HabitatsCommodity consumptionGlobal Warming/EmissionsResource Management esp.Water & Soil

www.davidgreen.me.ukA changing world - megatrendsEnergySustainability/Green livingEnvironmentConscious capitalismEconomyBiodiversity & HabitatsCommodity consumptionGlobal Warming/EmissionsResource Management esp.Water & Soil

www.davidgreen.me.ukA changing world - megatrendsGovernment initiativesEnergyEnvironmentWireless web/Digital spectrumDigitalEconomyInternet of things(that think)HumaninterfaceSocial media servicesData visualisationMeaningful machine manipulation

www.davidgreen.me.ukA changing world - megatrendsGovernment initiativesEnergyEnvironmentWireless web/Digital spectrumDigitalEconomyInternet of things(that think)HumaninterfaceSocial media servicesData visualisationMeaningful machine manipulation

A changing world – impact on brandswww.davidgreen.me.ukAll organisations operate in this changing social environment“Flourishing involves making money on a long-term sustainable basis ”.Enterprise IG ‘Brandjacking’ reportPublic scepticism over brand promises – recession, political and corporate accounting scandals, greenwashingCompanies being scrutinised not just for what they sell but how they operateThe Internet enables this scrutiny to take place in full public glareThe Internet also facilities systematic brand and trademark infringements

Public scepticism over brand promises – recession, political and corporate accounting scandals, greenwashing

Companies being scrutinised not just for what they sell but how they operate

The Internet enables this scrutiny to take place in full public glare

The Internet also facilities systematic brand and trademark infringements

Brand abusePolicing the Internet

Brand abuse on the webBrand abuse on the web is growing in scale and sophistication, and also increasingly opportunistic15% of goods sold online are estimated to be counterfeit.Widespread, organised, criminal brand and trademark infringements – which use a wide variety of techniques such as phishing, malware, spam, cybersquatting etc.Collectively such infringements are referred to as online brand abuse or ‘brand-jacking’www.davidgreen.me.uk

Brand abuse threats - cybersquattingwww.davidgreen.me.uk449, 584 incidents of cybersquatting recorded in Q4 08 – up 18% yoy*.Infringing on trademarks within the domain name system – most common type of brand abuse.Many are opportunistic and will drop on receipt of one or more C&D letters.Audit of all registered domains, ownership and forensic analysis to identify cross holdings before any C&D.Often part of an overall brand infringement that involves other tactics.WIPO domain arbitrations2009 = 2025 ytd2008 = 39582007 = 35452006 = 28062005 = 3312Sunrise periodsDomain name kitingDomain name slamming

Brand abuse threats - phishingCriminals attempt to steal personal identity and related information using emails, websites and social media that reflect brand identity of targeted brand.A record 502 organizations were phished in Q1 2009, an increase of 24 percent from Q1 2008Financial services and payment provider brands are most targeted, but.... other industries are now being targeted and attacks against social media companies increased 241% between Q1 2008 and Q1 2009 www.davidgreen.me.uk

Brand abuse threats - malwarewww.davidgreen.me.ukCrimeware/Malware – visitor directed to a bogus site or page – malicious code (e.g. a virus) is downloaded in the background – compromised computer can now be used to launch email spam, log info entered via keyboard, and even in cyber warfare.1.6M malicious codes identified in 2008 – a 165% increase on 2007“The release rate of malicious code and other unwanted programs may be exceeding that of legitimate software applications”.Symantec Internet Security Threat Report’ April 09

www.davidgreen.me.ukOnline brand infringementGlobal Counterfeit SalesDefend Revenue: control online channels, prevent loss of revenueCounterfeit Wholesale ExchangesGray Market SalesIdentity Fraud(Financial)Protect Brand: monitor for abuses and take actionIdentity/ Credential Theft(Phishing)Complexity of ThreatBrand AbuseDirect Marketing of Fake GoodsBrand ComplianceTraffic DiversionCreate Ownership in Identity with global domain registration and managementCustomer SolicitationFalse AssociationCopycat SitesDisparagementCyber-SquattingSource: MarkMonitorSeverity of Threat

www.davidgreen.me.ukOnline brand protection - implementationConsiderationsServicesStart early to set precedent and to demonstrate pro-activity to sponsorsEstablish process, workflow and reportingIdentify technology tool - RFPPrioritise infringement typesContinuously revise filters as new sponsors and issues arise Filter out irrelevant domains Allow time for Cease & Desist notifications to take effectBrand monitoring services Online security servicesDomain monitoringInternet monitoring for trademarksLogo and image trackingURL link checkingAuction site monitoringPhishing attack management

Online brand protection - mitigationEfforts will depend on threat type.Issue prioritisation based on riskanalysis of the 3 R’s:Priority content of concernProcess for determining sites for enforcementConsiderations for responding to infringersMonitor results to demonstrate ROIwww.davidgreen.me.ukYou are defending your:Rights (IP)RevenueReputationMonitorAnalyseMitigate

Rights (IP)

Revenue

Reputation

Brand engagementSocial media

Social media revolutionwww.davidgreen.me.uk

Social mediawww.davidgreen.me.ukMore than a movement from traditional media to online media.It is a fundamental change in behaviours that have far reaching implications for both government and for organisations in every industry sector.Control over customer conversations is no longer possible in this new world - organisations must engage with this social change if they are to influence these new conversations.“If you have a brand, you‘re under threat. Your customers have always had an idea about what your brand signifies, an idea that may vary from the image you are projecting. Now they‘re talking to each other about that idea. They are redefining for themselves the brand you spent millions of dollars creating.”ForresterGroundswell Report

www.davidgreen.me.ukSocial media spectrumSocial video, photo & audioSocial bookmarkingSocial networksWikisMicroblogsBlogsWidgets & MashupsSocial media

www.davidgreen.me.ukWeb and social media – brand impactBrand engagementBrand damageStella Artois – user generated content on ‘wife beater’ moniker was returned top of Google searches ahead of company’s own contentDell – disgruntled customers coalesced on the web – ‘Dell Hell’Obama – highly effective use of social media in his election campaign was a ‘tipping point’

Social media implementationOrganisations recognize the need to implement or improve their social marketing programs, but cite a lack of tools and expertise as their biggest challenges.Strategy and objectives – not technology tools!Enabling employees – rapid micro-communicationsListen and respond to what customers and critics saywww.davidgreen.me.uk

Luxury or necessity? www.davidgreen.me.uk“If your business depends on a positive Internet reputation, then you have little choice than to explicitly manage that reputation online”.GartnerYou have no choice – the trends are worldwide and already happening Organisations must reflect social and environmental concerns, but brand sustainability is much more than thisSustainability is creating durability for your brand in a changing worldBrand protection and brand engagement go hand in hand to create a sustainable brand“(Social media) has created a permanent, long-lasting shift in the way the world works”. Forrester“The adoption of social networking type applications will drive the next generation of business software and growth” (Bill Gates)