Sustainable Brands - MARQUES

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All brands are under threat. The economy, the environment, energy and digital media are all emerging as key megatrends that will shape society in this early part of the 21st century. All organisations, whether public or private, are social entities that must operate in an environment that is being profoundly affected by these trends. The internet, and digital social media in particular, present brand and trademark owners with increasingly complex challenges to both protecting their investments, and engaging with their audiences in new ways.

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  • Session summary: All brands are under threat. The economy, the environment, energy and digital media are all emerging as key megatrends that will shape society in this early part of the 21st century. All organisations, whether public or private, are social entities that must operate in a social environment that is being profoundly affected by these trends. The internet, and digital social media in particular, present brand and trademark owners with increasingly complex challenges to both protecting their investments, and engaging with their audiences in new ways. All types of brand abuse threats on the internet are on the increase (e.g. fraudulent ecommerce sites, phishing, false association, cybersquatting, offensive content etc.). All over the world, individuals are using social media and web based tools to get the information they need, increasingly from one another, bypassing traditional communication channels from brand owners.So what must brand and trademark owners do to monitor, protect and sustain their brands in this changing social environment?
  • 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.Elevator – originally a trademark of the Otis Elevator company in the US –lost in 1950 in landmark case – recognised as a generic descriptive term so all trademark protections were removed - http://en.wikipedia.org/wiki/Escalator#Loss_of_trademark_rightsHoover – recognised as a generized trademark in the UK for all vacuum cleaners also more recently in the US - http://en.wikipedia.org/wiki/The_Hoover_Company#Hoover_TermsAspirin – remains a registered trademark of Bayer in over 80 countries, but lost its trademark in USA UK, France and Germany as part of the Treaty of Versailles war repatriations - http://en.wikipedia.org/wiki/Aspirin#cite_note-22Linoleum – Floor covering Originally coined by Frederick Walton in 1864, and ruled as generic following a lawsuit for trademark infringement in 1878; probably the first product name to become a generic term - http://en.wikipedia.org/wiki/List_of_generic_and_genericized_trademarks#cite_note-13http://en.wikipedia.org/wiki/List_of_generic_and_genericized_trademarkshttp://en.wikipedia.org/wiki/List_of_non-English_generic_and_genericized_trademarks
  • ‘Credit crunch’ - Aug 07, economic crisis precipitated by collapse of Lehman Brothers in Sep 08Bursting of inflated asset bubbles (tech 2001, housing 2007-8)Significant government spending plans worldwide – rising unemployment and increased taxation to repay public sector debt will lead to tighter regulation and greater pubic demand for corporate transparency and accountability.‘Global Ponzi scheme’ – governments likely to abandon Western economic capitalist models (Joseph Stiglitiz)Asia has been first region to rebound (Spring 09)Microfinance – powerful force in poverty reduction
  • EU – imports significant amounts of energy – 82% of oil, 57% of gas, 75% or uraniumEU Energy policy – 20:20 – heavily invest in renewables, energy efficiency, low energy buildings etc. – reduce CO2 emissions by 20% by 2020 (compared to 1990 levels)EU vision of post-industrial revolution of low carbon economy –strategic energy technology planRenewables:Wind - Highest installation of wind power in the world e.g. 19% Denmark, 11% Spain & Portugal, 9% Germany and Ireland (US = 1.5% 2008)Solar – 12% of energy in EU by 2020, Germany alreadyhas 35% of world’s installed photovoltaic capacity (2008)Bioenergy –
  • Conscious capitalism – ‘creed is good’ – individuals making purchasing and investment decisions to reward good CSR whilst businesses shape their vision, operations and policies to address societal concerns and issues55k Environmental non-profit organisations registered in the US http://www.worldchanging.com/archives/010478.htmlSustainability – all areas of life – e.g. food production, product production and packaging, architecture
  • High growth western economic development was based on exploiting non-renewable energy sources and natural capital (arable land, water, forests, fisheries) e.g. freshwater availability is just 25% of 1960 levels, food reserves are now at a 50 year low* Philosphical shift in understanding that as a species we depend on the environment for our existence, not our profit, and that all resources must be used in a sustainable manner – organisations that are not perceived as operating sustainably will be penalised by society.*Professor John Beddington, Sustainable Development UK conference - http://www.govnet.co.uk/news/govnet/professor-sir-john-beddingtons-speech-at-sduk-09)
  • Government initiatives e.g. ‘Digital Britain’, ‘Plan numerique’ (France), IKT 2020 (Germany)Gapminder.org:Income per person (GDP/Capita inflation) vsInternet users per 100 Broadband users per 100Cell ph usage per 100Indicators – Geography and Income groupsPlay speed slowIndicators – Geography and Income groupsPlay speed slow
  • e.g. environmental impact of production process lifecycle
  • Sep 1 – Louis Vuitton awarded $32.4M damages in a key test of ISP ‘contributory trademark and copyright infringement’ in Web counterfeiting.http://www.dailyfinance.com/2009/09/01/jury-orders-isp-to-pay-louis-vuitton-32-4-million-over-knock-of/Brand-jacking also refers to campaign activists hijacking a brand, and exploit its media profile to raise issues or promote social change – typically on environmental or social protests but during this recession brand-jacking has been adopted by ordinary people facing redundancy to create high impact media attention e.g. Diageo proposed 900 redundancies at bottling plant in Scotland – protests used the company’s Johnny Walker ‘keep on walking’ brand image highly effectively in protest march.
  • * Source – MarkMonitor Brand Jacking index Winter 2008ICANN - Uniform Domain Name Resolution Policy (UDRP) process for resolving – but can be over-ruled in local courts (e.g. Russia, China)Similarity to a trademark not sufficient grounds – must be evidence of bad faith (e.g. Derogatory comments at the domain)WIPO – arbitrationDomain name kiting – register domain then drop before payment due – then re-register - can register a domain for up to 10 days before having to pay Domain name slamming – domain name registrars registering variations of an organisation’s trademarks and brand scaring organisations into paying for a massive portfolio of domain namesSunrise periods – phased registration period for new domain extensions (e.g. .EU, .Mobi, .TEL etc) – holders of registered trademarks can secure appropriate domains before registration is opened to the public.
  • Source: MarkMonitor – Brand-jacking Index June 09Phishers are finding new opportunities, and are reacting to anti-phishing efforts. Phishing sites live for average of 50Hrs – most brand damage is done in the initial few hours.
  • Symantec Internet Security Report: http://www.symantec.com/business/theme.jsp?themeid=threatreportLegitimate sites can also be hacked into, and malware loaded onto brand owner’s web servers.Pharming – hacker redirects website traffic to a bogus site Pharming can be conducted either by changing the hosts file on a victim’s computer or by exploitation of a vulnerability in DNS server software. DNS servers are computers responsible for resolving Internet names into their real addresses — they are the "signposts" of the Internet - http://en.wikipedia.org/wiki/Pharming
  • Traffic Diversion can include SEO manipulation (use of brands, slogans or trademarks located in visible text, hidden text, meta tags and title in order to manipulate search engine rankings), links (to third party or competitor sites), framed website, pay per click (Google Adwords) etcBrand abuse could entail incorrect use of logo or trademark imagesBrand compliance would entail that authorised third parties (or even parts of your own organisation) are using your brand or licensed trademarks appropriately
  • Most brand monitoring services have been acquired by domain name registrars e.g. Envisional acquired by Netnames, Mark Monitor is an integrated service, but some remain independent e.g. Brand Dimensions
  • Click on image to play 4.22 video - http://www.youtube.com/watch?v=sIFYPQjYhv8http://socialnomics.com
  • ‘Social media’ encompasses a broad spectrum of websites and tools, but all are defined by rapid micro-communications, content sharing/syndication and ‘real-time’ timeframes.Organisations must Listen, Respond to, and Engage with, customer and stakeholder communications, content and feedback. Organisations need to develop an overall social media strategy, within which they have appropriate prioritisation, processes and employee guidelines for each (type of) social media channel.Social media also offers tremendous internal potential for large organisations – e.g. Reducing knowledge silos on intranets etc.
  • Quote sources:Gartner – Notes on brand monitoring firms – Sept 07Forrester – Social Media Groundswell report - http://www.forrester.com/GroundswellBill Gates – Microsoft Tech Ed June 2008 http://www.microsoft.com/presspass/exec/billg/speeches/2008/06-03teched.mspx
  • Sustainable Brands - MARQUES

    1. 1. Sustainable brands<br />MARQUES Sustainability conference<br />(European Trademark Association)<br />16.09.09<br />www.davidgreen.me.uk<br />
    2. 2. www.davidgreen.me.uk<br />What do these have in common?<br />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.<br />
    3. 3. www.davidgreen.me.uk<br />A changing world - megatrends<br />Recession<br />Debt<br />Economy<br />Microfinance<br />Volatility<br />Aging demographics<br />Changed capital markets<br />Shift from West to East<br />
    4. 4. www.davidgreen.me.uk<br />A changing world - megatrends<br />Energy<br />Security<br />Diversity of supplies<br />Economy<br />Geopolitics<br />Renewables<br />Growing demand<br />Efficiency and conservation<br />Fossil fuel exhaustion<br />
    5. 5. www.davidgreen.me.uk<br />A changing world - megatrends<br />Energy<br />Sustainability/Green living<br />Environment<br />Conscious capitalism<br />Economy<br />Biodiversity & <br />Habitats<br />Commodity consumption<br />Global Warming/Emissions<br />Resource Management esp.<br />Water & Soil<br />
    6. 6. www.davidgreen.me.uk<br />A changing world - megatrends<br />Energy<br />Sustainability/Green living<br />Environment<br />Conscious capitalism<br />Economy<br />Biodiversity & <br />Habitats<br />Commodity consumption<br />Global Warming/Emissions<br />Resource Management esp.<br />Water & Soil<br />
    7. 7. www.davidgreen.me.uk<br />A changing world - megatrends<br />Government initiatives<br />Energy<br />Environment<br />Wireless web/Digital spectrum<br />Digital<br />Economy<br />Internet of things<br />(that think)<br />Human<br />interface<br />Social media services<br />Data visualisation<br />Meaningful machine manipulation<br />
    8. 8. www.davidgreen.me.uk<br />A changing world - megatrends<br />Government initiatives<br />Energy<br />Environment<br />Wireless web/Digital spectrum<br />Digital<br />Economy<br />Internet of things<br />(that think)<br />Human<br />interface<br />Social media services<br />Data visualisation<br />Meaningful machine manipulation<br />
    9. 9. A changing world – impact on brands<br />www.davidgreen.me.uk<br />All organisations operate in this changing social environment<br />“Flourishing involves making money on a long-term sustainable basis ”.<br />Enterprise IG ‘Brandjacking’ report<br /><ul><li>Public scepticism over brand promises – recession, political and corporate accounting scandals, greenwashing
    10. 10. Companies being scrutinised not just for what they sell but how they operate
    11. 11. The Internet enables this scrutiny to take place in full public glare
    12. 12. The Internet also facilities systematic brand and trademark infringements</li></li></ul><li>Brand abuse<br />Policing the Internet<br />
    13. 13. Brand abuse on the web<br />Brand abuse on the web is growing in scale and sophistication, and also increasingly opportunistic<br />15% of goods sold online are estimated to be counterfeit.<br />Widespread, organised, criminal brand and trademark infringements – which use a wide variety of techniques such as phishing, malware, spam, cybersquatting etc.<br />Collectively such infringements are referred to as online brand abuse or ‘brand-jacking’<br />www.davidgreen.me.uk<br />
    14. 14. Brand abuse threats - cybersquatting<br />www.davidgreen.me.uk<br />449, 584 incidents of cybersquatting recorded in Q4 08 – up 18% yoy*.<br />Infringing on trademarks within the domain name system – most common type of brand abuse.<br />Many are opportunistic and will drop on receipt of one or more C&D letters.<br />Audit of all registered domains, ownership and forensic analysis to identify cross holdings before any C&D.<br />Often part of an overall brand infringement that involves other tactics.<br />WIPO domain arbitrations<br />2009 = 2025 ytd<br />2008 = 3958<br />2007 = 3545<br />2006 = 2806<br />2005 = 3312<br />Sunrise periods<br />Domain name kiting<br />Domain name slamming<br />
    15. 15. Brand abuse threats - phishing<br />Criminals attempt to steal personal identity and related information using emails, websites and social media that reflect brand identity of targeted brand.<br />A record 502 organizations were phished in Q1 2009, an increase of 24 percent from Q1 2008<br />Financial services and payment provider brands are most targeted, but..<br />.. other industries are now being targeted and attacks against social media companies increased 241% between Q1 2008 and Q1 2009 <br />www.davidgreen.me.uk<br />
    16. 16. Brand abuse threats - malware<br />www.davidgreen.me.uk<br />Crimeware/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.<br />1.6M malicious codes identified in 2008 – a 165% increase on 2007<br />“The release rate of malicious code and other unwanted programs may be exceeding that of legitimate software applications”.<br />Symantec Internet Security Threat Report’ April 09 <br />
    17. 17. www.davidgreen.me.uk<br />Online brand infringement<br />Global Counterfeit Sales<br />Defend Revenue: <br />control online channels, prevent loss of revenue<br />Counterfeit Wholesale Exchanges<br />Gray Market Sales<br />Identity Fraud(Financial)<br />Protect Brand: monitor for abuses and take action<br />Identity/ Credential Theft(Phishing)<br />Complexity of Threat<br />Brand Abuse<br />Direct Marketing of Fake Goods<br />Brand Compliance<br />Traffic Diversion<br />Create Ownership in Identity with global domain registration and management<br />Customer Solicitation<br />False Association<br />Copycat Sites<br />Disparagement<br />Cyber-Squatting<br />Source: MarkMonitor<br />Severity of Threat<br />
    18. 18. www.davidgreen.me.uk<br />Online brand protection - implementation<br />Considerations<br />Services<br />Start early to set precedent and to demonstrate pro-activity to sponsors<br />Establish process, workflow and reporting<br />Identify technology tool - RFP<br />Prioritise infringement types<br />Continuously revise filters as new sponsors and issues arise <br />Filter out irrelevant domains <br />Allow time for Cease & Desist notifications to take effect<br />Brand monitoring services <br />Online security services<br />Domain monitoring<br />Internet monitoring for trademarks<br />Logo and image tracking<br />URL link checking<br />Auction site monitoring<br />Phishing attack management<br />
    19. 19. Online brand protection - mitigation<br />Efforts will depend on threat type.<br />Issue prioritisation based on riskanalysis of the 3 R’s:<br />Priority content of concern<br />Process for determining sites for enforcement<br />Considerations for responding to infringers<br />Monitor results to demonstrate ROI<br />www.davidgreen.me.uk<br />You are defending your:<br /><ul><li>Rights (IP)
    20. 20. Revenue
    21. 21. Reputation</li></ul>Monitor<br />Analyse<br />Mitigate<br />
    22. 22. Brand engagement<br />Social media<br />
    23. 23. Social media revolution<br />www.davidgreen.me.uk<br />
    24. 24. Social media<br />www.davidgreen.me.uk<br />More than a movement from traditional media to online media.<br />It is a fundamental change in behaviours that have far reaching implications for both government and for organisations in every industry sector.<br />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.<br />“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<br />
    25. 25. www.davidgreen.me.uk<br />Social media spectrum<br />Social video, photo & audio<br />Social bookmarking<br />Social networks<br />Wikis<br />Microblogs<br />Blogs<br />Widgets & Mashups<br />Social media<br />
    26. 26. www.davidgreen.me.uk<br />Web and social media – brand impact<br />Brand engagement<br />Brand damage<br />Stella Artois – user generated content on ‘wife beater’ moniker was returned top of Google searches ahead of company’s own content<br />Dell – disgruntled customers coalesced on the web – ‘Dell Hell’<br />Obama – highly effective use of social media in his election campaign was a ‘tipping point’<br />
    27. 27. Social media implementation<br />Organisations recognize the need to implement or improve their social marketing programs, but cite a lack of tools and expertise as their biggest challenges.<br />Strategy and objectives – not technology tools!<br />Enabling employees – rapid micro-communications<br />Listen and respond to what customers and critics say<br />www.davidgreen.me.uk<br />
    28. 28. Luxury or necessity? <br />www.davidgreen.me.uk<br />“If your business depends on a positive Internet reputation, then you have little choice than to explicitly manage that reputation online”.<br />Gartner<br />You have no choice – the trends are worldwide and already happening <br />Organisations must reflect social and environmental concerns, but brand sustainability is much more than this<br />Sustainability is creating durability for your brand in a changing world<br />Brand protection and brand engagement go hand in hand to create a sustainable brand<br />“(Social media) has created a permanent, long-lasting shift in the way the world works”. Forrester<br />“The adoption of social networking type applications will drive the next generation of business software and growth” (Bill Gates)<br />

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