3 Macro Trends That Could Put Your IT Channel Partners Out of Business
Iron Mountain Training 3
1. ULTRA: Strengthening Intellectual Property
through Intelligence TM
Summary Product Overview and
Sample Screenshots
Iron Mountain Training Seminar
http://www.avestar-ip.com
Patent Pending
2. • Avestar-IP was created by Navastream Corporation to address the growing
challenges businesses face defending their intellectual property and
corporate identity online
Since 2001, Avestar-IP and Navastream have offered a sophisticated suite of intelligent
online information management technology. Navastream Corporation is also the
leading North American provider of strong encryption technology for GSM cellular
phones.
• Collaboration – Secure Project Management
OurProject ASP (http://www.ourproject.com), in Standard, Enterprise, & Enterprise LAN
editions
• Intelligence – ULTRA ASP Platform
Patent-pending ULTRA offers a full suite of sophisticated ASP-based Internet intelligence tools that
help clients manage their intellectual property, defend their corporate identity, and manage their
web presence.
Overview of Avestar-IP
3. Avestar-IP ULTRA ASP service summary
• Through custom, client-controlled, continuous Internet and patent/trademark
database monitoring, ULTRA gives companies and their attorneys the power to
detect, track, and analyze potential and imminent threats to corporate identity.
• Clients log into ULTRA to automatically identify unauthorized resellers, linking
relationships, trademark usage, copycat sites, counterfeit product
sales/auctions, and relevant patent and trademark applications. In addition,
ULTRA identifies domain name registrations including company trademarks and
similarities, and tracks online references to client companies in newsgroups,
blogs, and bulletin boards.
• In keeping with feedback from current and potential system users, the ASP
interface has been carefully designed to be fast, intuitive, and easy-to-navigate.
• Results are kept permanently – long after evidence of infringing behavior may
have been removed from the Internet.
4. Shifting intellectual property environment
• The last decade has seen a gradual shift from “motiveless” hacking to
organized online criminal activity and increased Internet fraud; according to a
survey conducted by IBM (and published in Financial Times), Internet crime now
is a larger threat than traditional hacking
• The explosion of information created and distributed daily on the Internet has
made it impossible to manually capture, track, and archive misuses and abuses
of a company’s protected trademarks, which directly impact corporate
reputation.
• Although traditional search methods are insufficient in policing worldwide use
of online trademarks and sales channels, with highly sophisticated and
specialized monitoring technology, it is becoming possible to patrol this universe
effectively.
5. Recent news articles
TiVo Wins Damages in Suit Vs. EchoStar
MARSHALL, Texas, Apr. 14, 2006 (AP)
(AP) A federal jury awarded TiVo Inc. nearly $74 million in damages Thursday in a swift ending to a patent-infringement
lawsuit against EchoStar Communications Corp., the parent of the Dish satellite television provide
Marketing
Don't Let The Customers Drive
Tom Van Riper, 04.12.06, 4:40 PM ET
New York - Any company that pours $1.3 billion per year
into its marketing budget generally wants to ensure it
keeps control of the message it's putting out.
General Motors (nyse: GM - news - people ),
What Happens When an eBay Steal Is a Fake
We Sought Redress From Site
And Sellers After Our Fendi,
Gucci, Tiffany Proved Faux
By LORETTA CHAO
June 29, 2006; Page D1
Diesels Are the New Heroin
6. Recent news articles
Diesels Are the New Heroin
Counterfeit Diesel jeans,
Just $15 each on the
sidewalks of Bangkok.
Photo Credit: Jeff Koyen
7. Recent news articles
Diesels Are the New Heroin
Bootleg CDs too primitive?
Go direct-to-iPod.
Photo Credit: Danny Carlone
9. Environment overview
RACKETEERING; SECURITIES FRAUD;
WIRE FRAUD; MAIL FRAUD; MONEY LAUNDERING
wanted for wire and Internet
fraud in New York.
RACKETEERING; SECURITIES FRAUD; WIRE FRAUD; MAIL FRAUD; MONEY LAUNDERING
10. Industry statistics
“America harbors most of the world’s cybercriminals.
The Internet crime wave may seem international.
But nearly three-quarters of online fraud reported
to the FBI originates from within the U.S.”
“Wired” Magazine July 2006
2006 CSI/FBI Report
The Computer Security Institute (CSI) with the
San Francisco Federal Bureau of Investigation’s (FBI) 2006 report
• virus attacks
• unauthorized access to networks
• lost/stolen laptops or mobile hardware
• theft of proprietary information or intellectual property
Even in an anonymous survey, only half of the 616 U.S companies surveyed were
willing to share overall cost figures from financial losses
$0
$50,000
$100,000
$150,000
$200,000
$250,000
2005 2006
Average Loss
11. Who needs enforcement
PROTECTING INTELLECTUAL PROPERTY
What role does intellectual property protection play in fostering innovation?
How does piracy thwart your innovation efforts?
A cross-industry look at IP piracy and innovation.
“Stop IP Theft”
The Wall Street Journal
November 8, 2005
Bob Wright
Chairman and Chief Executive Officer
NBC Universal
12. Who needs enforcement
• Industries where enforcement is most critical
• Product manufacturers whose goods are sold through online channels or auctions
• Companies that sell to consumers and that rely on strong brands
• Companies whose revenues rely on driving traffic to their website
• Industries where enforcement is less critical
• Service companies that do not transact business on the web – although these
companies can also have larger budgets, making them possible buyers
• Companies with low brand awareness or niche customer bases
• Industries where a lack of anti-phishing capabilities is a stumbling block
• Finance
13. Enforcement & major registrars
Registrar
Enforcement
Provider Service Summary Pricing
MarkMonitor In house
technology
Most comprehensive of competing services.
Significant anti-phishing focus. High
customer service focus. Claims to be #1
provider to Fortune 100 (in domain name
management).
$24k/year per trademark;
in bulk, as little as
$10k/year; may offer
cheaper packages
Verisign Cyveillance
(building in house
version, 3Q-4Q)
Verisign and its customers seem generally
unhappy with Cyveillance, which is moving
to being more of a data provider. “Tired”
management team and expensive product.
$5k/trademark report;
$25k/trademark/year for
monitoring
Melbourne IT Likely to partner
shortly
Rumor is that they may announce a
partnership with NameProtect or
Checkmark Networks, but uncertain
TBD, likely similar to Iron
Mountain pricing
Register.com In house
technology
Limited domain name registration and web
content monitoring service; may not provide
ASP services.
N/A
NetNames In house
technology
Email notification of potentially infringing
domain name registrations
N/A
14. Third-party enforcement providers
Company Service Summary
NameProtect
www.nameprotect.com
• A la carte ccTLD monitoring for $995/year/trademark; gTLD for $225/year/trademark
• One-off logo searches for $3,295-$4,350 (5-8 days); one-off online trademark usage
reports for $2,045-2,650 (5-8 days)
• Trademark filing watch services ranging from $195-460 (domestic) - $3,820 (worldwide)
• Viewed by legal community as aggressively chasing Thomson and Corsearch.
• Provides some anti-phishing capabilities
Cyveillance
www.cyveillance.com
• Offers single reports for $5k/trademark with monitoring priced $25k/year to $50k+/year
• Original mover in the monitoring space; claims more than half of Fortune 50
• Customers we’ve spoken with are generally not satisfied with quality of interface or reports
• Being marginalized by Verisign’s new enforcement product
• Tired management team; company for sale
• Provides some anti-phishing capabilities
Check Mark
Networks
www.totaldomaindata.co
m/checkmark/
• Auction monitoring: $9,950/trademark
• Monitoring of concerning websites for changes: $449/year
• Changes in whois records: $449/year
• Trademark monitoring and state registrations: $175-$2,440
• ccTLD monitoring for $449/year and gTLD for $185/year; one-off reverse whois: $750
15. Third-party enforcement providers
Company Service Summary
Thomson
www.thomson.com
• Powerhouse in trademark registration searching and monitoring
• Offers subscription of weekly gTLD registration reports for $3,500/year
• Not significant online enforcement competitor
CPA
www.cpaglobal.com
• Extremely strong European presence
• Powerhouse in trademark registration searching and monitoring
• May have very strong gTLD monitoring services
• May have been disorganized a year ago
Navagraaf • European focus (headquartered in Amsterdam)
• Monitoring of domain name registrations: E395-E795/trademark/year
•MarkMonitor
16. Major strengths vs. competitors
• Ability to create advanced filters (incl. fuzzy rules)
• Dell: There are 50,000 domain names that include the word “dell”;
however, by ignoring websites that do not resolve, include “super-set” words
(e.g., yodelling), and that do not include certain keywords (e.g., laptop), our
filters cut the list to fewer than 3,000. We further split these into parked /
monetized domains vs. active domains and were able to prioritize the
websites into severe, high, medium, and low.
• Ability to better group results
• Design & usability
• Surveys at INTA showed that usability is the number one concern of
lawyers and paralegals Breadth of service offering
• Logo Searching
• Speed of operation
17. Major weaknesses vs. competitors
• No anti-phishing capabilities
• Although most companies outside finance are not the subject of anti-
phishing campaigns, it has been a hot marketing item, especially for
MarkMonitor. As such, we are examining launching anti-phishing
capabilities.
• “Reverse WHOIS”
• Although Avestar-IP records whois information for all potentially infringing
websites and users can sort results by owner, Avestar-IP does not have a
reverse WHOIS database of tens of millions of other domain names. In the
past, users have used Reverse WHOIS to prove a pattern of abuse beyond
their own trademarks. However, so many squatters have now been taken
to arbitration that proving a pattern of abuse based on previous arbitration
results is possible. Further, most reverse whois databases were built years
ago and are becoming largely out of date.
18. Overcoming an incumbent
• Location and ownership of currently stored data can be a hurdle
• If a company’s existing enforcement provider stores all of the information
regarding potential infringements and past enforcement actions, this data
may be lost if the customer cancels the contract.
• This problem can be mitigated by subscribing to both services for a “cut-
over” period.
• Cost vs. MarkMonitor likely to be lower, particularly where multiple trademarks
are being tracked
19. Feature update
• New since INTA
Action management system; tidbits in domain crawler and ability to filter/prioritize on
tidbits; active domain queries; automatic cease and desist letters; ccTLD support;
ability to track sellers and not just auctions in communication crawler; mouse-over
technology in auctions; automatic characterization of websites as parked/monetized
or content-based; ability to export any data into MS Excel; improved blog monitoring;
constant revalidation of potentially infringing domain names; ability to view more than
one week’s results per screen; improved user-facing filtering options.
• Coming Soon
Tracking changes to websites; incorporation of website traffic volume into
prioritization scheme; automatic flagging of registrants who have been arbitrated
against; multi-language dictionary support to reduce false positives in domain name
monitoring; EU/UK/Australian trademark and patent information; tracking of inbound
links to client websites; ability to auto-report to eBay’s Vero system; patent
(application) monitoring based on prior art; user applet (a la MS Office) that pops up
new severe potential infringements;
20. The demo: RealVNC & Webex
• Avestar-IP’s preferred technology for demonstrations is RealVNC. It is the
fastest available technology and, by virtue of being open source, we have been
able to modify the code and recompile it such that it automatically connects to
our demonstration servers (thereby greatly simplifying the user experience).
• To download the Windows client with one click, users can point their web
browsers to http://www.avestar-ip.com/downloads/vnc
• The program is small and can be saved and run from the desktop
• However, extremely aggressive firewalls may block RealVNC signals; if a
user isn’t quickly prompted for a password (typically “demo”), a firewalling
problem may exist. If the user has any open VPN connections, they should
be closed and the program re-launched.
• If RealVNC cannot be made operational, clients can fall-back on WebEx.
Using Webex, users will need to click “Attend” at the top-right-hand corner of the
page and enter a meeting number assigned at the time of the demo. They may
also need to install ActiveX controls if they have not used Webex before.
21. Buzzwords
• Domain name monetization: Earning revenue, typically by serving ad pages, by
registering a page with a domain name that users are likely to type.
• Revenue from text advertising alone totaled $400–$600 million in 2005 and could reach
up to $1 billion by 2007, according to Susquehanna Financial Group
• Phishing/Pharming: sending e-mails (or using proxy servers/DNS poisoning) to
direct users to “fake” websites that attempt to steal usernames, passwords, and/or
financial data.
• The Anti-Phishing Working Group reports that approximately 10k attempts are made
monthly, with <20 brands comprising 80% of attacks (95 brands in total)
• Tasting/Taste Testing: registering thousands of domain names for 5-7 days (for
free) during the grace period to determine which ones generate sufficient traffic to
justify registration.
• Word Intellectual Property Organization (WIPO): in Geneva, WIPO administers 23
international treaties dealing with different aspects of intellectual property protection,
including domain name arbitration
• Results: http://arbiter.wipo.int/domains/search/index.html
22. Buzzwords (cont’d)
• Trademark squatting: Registering in a domain name someone else’s trademark
(e.g., ironmountainstorage.com or maybe ironmountain.fr).
• Typo-squatting: Registering a domain name with a misspelled version of someone
else’s trademark (e.g., ironmountian.com).
• Reverse WHOIS: Searching a list to determine what domain names are owned by a
specific owner.
• Gazette: The weekly publications of trademark and patent filings by the USPTO are
referred to as “gazettes.” Avestar-IP adopts this terminology for the list of registered
domain names as well.
• Meta tags: Words in a webpage that are not displayed but that are supposed to
describe the content of the webpage.
• The two most common uses of meta tags on the Web are to provide a description and to
provide meta keywords for a web page. This data is typically used by search engines (such
as Google) to generate and display a list of search results matching a given query.
23. Who/how to contact
• Key Avestar-IP contact personnel (with cellular phone numbers)
• Technical: Emanuel Miller, emiller@avestar-ip.com, 415.216.8764
• Alternate (esp. action management system): Paulus Zegwaard,
paulus.zegwaard@avestar-ip.com
• Alternate: Baosen Cheng, baosen.cheng@avestar-ip.com
• Sales Matters: Altura Ewers, altura.ewers@avestar-ip.com, 415.867.9297
• Administration: Amy Chun, amy.chun@avestar-ip.com
• General: Edward Fenster, edward.fenster@avestar-ip.com, 917.440.1023
• Office phone number: 415.552.4210
• Office fax number: 415.552.4193
• Office address: 1417 15th
Street, San Francisco, CA 94103
• Internet: http://www.avestar-ip.com
• On August 4 we will be installing additional lines for technical and customer
support services and will distribute that information at that time.
24. Biography: Edward Fenster, CEO
Previously, Edward served as Director of Corporate Development at Asurion Corporation, the leading provider of
insurance and enhanced services to more than 50 million wireless subscribers in the United States and Asia.
With 2005 revenues in excess of $700 million, the company has generated explosive organic growth of nearly
65% on a five-year compounded basis. Edward was responsible for identifying, structuring, and executing
opportunities to expand into new sectors through both acquisitions and business development. He orchestrated
new business initiatives in the areas of satellite radio and DSL as well as engineered Asurion’s purchase of
Warranty Corporation of America. He also launched the firm's long-term financial planning activities.
Prior to his time at Asurion, Edward spent over four years at The Blackstone Group, the world’s largest private
investor, principally in the firm’s Private Equity group. While at Blackstone, Edward completed a dozen
acquisitions, divestitures, and restructurings valued at over $10 billion, including companies headquartered in six
countries and spanning industries including telecommunications, biotechnology, software, industrials, and
consumer and financial services. He also introduced Blackstone to the management team that the firm tapped to
run a group of under-performing television stations acquired from Emmis Communications Corp.
Edward has also held roles at Bloomberg, L.P., in the information technology group of Citigroup Inc., and in the
investment banking division of Needham & Company, Inc. In addition, he serves as Advisory Partner to
Millennium Technology Value Partners, L.P., a private equity firm formed to provide investors with liquidity on
their venture capital holdings, non-core operations, and other generally illiquid assets.
Edward graduated with a Bachelor of Arts in Economics and a minor in Computer Science from The Johns
Hopkins University, where he also taught C and C++ programming. He is currently completing the Masters in
Business Administration program at Stanford University.
25. Prior to co-founding Navastream, Altura was Chief Sales Officer for Germany’s leading IT Security
and Hardware Encryption manufacturer Biodata Information Technology AG. Altura was
responsible for OEM, Strategic Alliances and general worldwide sales and marketing of Biodata
AG products including Encryption, Firewall, Brand Protection and Image Search. Altura joined
Biodata AG after the company he founded, AB Systems Inc., specializing in high-speed voice and
video-over-IP encryption was acquired by Biodata AG in 1999.
Prior to founding AB Systems, Altura was director of International Sales and Marketing for Biodata
AG’s predecessor Biodata GmbH in Lichtenfels, Germany where he grew sales from less than
$200,000 to more than $24 million.
Altura holds a B.S. in Economics and Art History and Masters in Computer Science from
University of Maryland, University College in Heidelberg, Germany. Altura is an avid
Cryptographer and served in the United Sates Army’s Judge Advocate General’s Corps.
He also serves on the advisory board of The Camelot Group, Takima Entertainment and has
raced in the Trans-Siberian winter Road Rally race where his Team Takima took first place in
March 2003.
Biography: Altura Ewers, COO/SVP
In a Recent Wall Street Journal Article and Fortune 500 Innovation Forum GE Board Member and NBC Chairman Bob Wright explains that intellectual property theft is an issue for business leaders in any industry, not just the music or movie businesses:
&quot;To most people, piracy invokes the music recording industry, which has been decimated by illegal peer-to-peer file sharing. And counterfeiting conjures up images of the street vendor with impossibly cheap Rolexes or hit movies on DVD. But in our digital age, anyone who has a new invention, a creative idea or a technological breakthrough is at risk of a rip-off, whether it be in the automotive, entertainment, pharmaceutical, software or any other intellectual-property-dependent business sector.
This is the dark side of our Internet age. Digital technology, which can be such a boon to consumers and businesses, makes all data and information easily replicable and able to be transmitted at the speed of light around the world. With theft rendered effortless, it is becoming more pervasive. Indeed, the weight of piracy and counterfeiting could be taking the global economy toward a tipping point...&quot;
Going forward, says Wright, governments and business leaders need to recognize the importance of intellectual property protection if they want to promote future economic growth:
&quot;As important as intellectual property is to the economy today, it will become even more crucial in the future. Business leaders around the world and their respective governments have no choice but to mobilize the resources necessary to protect our most precious economic goods.&quot;
In a Recent Wall Street Journal Article and Fortune 500 Innovation Forum GE Board Member and NBC Chairman Bob Wright explains that intellectual property theft is an issue for business leaders in any industry, not just the music or movie businesses:
&quot;To most people, piracy invokes the music recording industry, which has been decimated by illegal peer-to-peer file sharing. And counterfeiting conjures up images of the street vendor with impossibly cheap Rolexes or hit movies on DVD. But in our digital age, anyone who has a new invention, a creative idea or a technological breakthrough is at risk of a rip-off, whether it be in the automotive, entertainment, pharmaceutical, software or any other intellectual-property-dependent business sector.
This is the dark side of our Internet age. Digital technology, which can be such a boon to consumers and businesses, makes all data and information easily replicable and able to be transmitted at the speed of light around the world. With theft rendered effortless, it is becoming more pervasive. Indeed, the weight of piracy and counterfeiting could be taking the global economy toward a tipping point...&quot;
Going forward, says Wright, governments and business leaders need to recognize the importance of intellectual property protection if they want to promote future economic growth:
&quot;As important as intellectual property is to the economy today, it will become even more crucial in the future. Business leaders around the world and their respective governments have no choice but to mobilize the resources necessary to protect our most precious economic goods.&quot;