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- 1. Channel IQ 350 W Ontario St, 6th & 7th Floors Chicago, IL 60654 312.846.1199 www.channeliq.com Channel IQ | Know What You Don’t Know Series: Counterfeiting in 2014 | Live From Fall IACC David Howell | Director, Brand Protection, Channel IQ Guest, Company Name
- 2. David Howell Channel IQ Introductions Today’s Guest Speakers Guest Company 2
- 3. 3 What’s Being Talked About IACC FALL 2014
- 4. Survey 4
- 5. Live From IACC • Description of IACC • Why they matter • How you can get involved What is the IACC anyway? 12
- 9. Global Compliance Rates Among Marketplaces 0% 20% 40% 60% 80% 100% Americas Europe Asia/Pacific 9
- 11. Topic Name New Speaker or Topic 11
- 13. End of the road When you are 100% done playing ball 13 0 500 1000 1500 2000 2500 3000 3500 2009 2010 2011 2012 2013 UDRPsFiled
- 14. • Register Trademarks for your brands • Identify the infringer(s) • Qualify the data and find the depth of the problem • Form an educated, enforcement strategy • Implement solutions immediately • Secure appropriate domain registrations • Purchase both Gtlds and Cctlds as needed • Identify and Recover Typographical domain names • Actively Monitor for Online Counterfeits • Make it known you will not honor warranties for items purchased from an unauthorized seller. • Remove all products and authorization from online retailers with ineffective escalation policies • Create whitelist on your website of authorized retailers • Never, never, never stop Enforcing Your Online Policy The big list of do’s 1414
- 15. Title Subheading • List or Paragraph • List or Paragraph • List or Paragraph • List or Paragraph • List or Paragraph • List or Paragraph • List or Paragraph 15
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- 17. 17 Title 1. List or paragraph 2. List 3. List 4. List 5. List 6. List 7. List Subheading
- 19. Channel IQ 350 West Ontario Street, 6th & 7th Floors Chicago, IL 60654 www.channeliq.com For More Information Please Contact: Thank You David Howell: dhowell@channeliq.com
Editor's Notes
- Jonathan
- Jonathan
- Top things being discussed at IACC Fall 2014 are:
- OK, Here’s our survey.
- By major region, marketplaces hosted in the Americas showed the best enforcement compliance rate of 94%, compared with 78% for European-based sites and 73% for Asia Pacific-based sites. It is interesting to note, too, that the marketplaces with the largest enforcement volumes have the highest enforcement success rates. That’s good news for brand owners, as the vast majority of their enforcement efforts are acted upon by the major online marketplaces.
- The numbers are pretty overwhelming – how do you deal with it? Sun Tzu said it best: But how do you do that? We’ll let our friend Dave Lukasik show you how.
- Domain – UDRP : Uniform Domain-Name Dispute-Resolution Policy (UDRP) is a process established by the Internet Corporation for Assigned Names and Numbers (ICANN) for the resolution of disputes regarding the registration and good faith use of internet domain names. a successful UDRP must establish three elements to succeed: The domain name is identical or confusingly similar to your trademark or brand The registrant does not have any rights or legitimate interests in the domain name The registrant has registered the domain name and is using it in "bad faith". The UDRP panelist(s) will consider whether the registrant registered the domain name primarily for the purpose of selling, renting, or otherwise transferring the domain name registration to the owner of the trademark or brand holder. Also if the sole purpose of the registration was to prevent the brand owner from having the domain name. The panel will consider whether the domain name owner has engaged in this behavior before, if the purpose of registration was to disrupt business of a competitor; or to misdirect internet users to the registrant's website, creating a likelihood of confusion. The goal of the UDRP is to create a streamlined process quicker and less expensive than a standard legal method for resolving such disputes. Court- Brand dilution, outright infringement, etc If you happen to lose a UDRP you may still bring a lawsuit against the domain name registrant under local law. The UDRP decision can be challenged and overturned in a U.S. court of law by means of e.g. the Anticybersquatting Consumer Protection Act. Keep in mind that if you lose a UDRP, you must file a lawsuit within ten days to prevent ICANN from transferring the domain name.
- Once the infringing listing is found, many times the infringer’s identity is unknown. Pair that with the complicity of the selling site in keeping the identity of the infringer private, there can be a perception of helplessness. Using a corporate investigations service, many times you can zero in on the infringer’s identity, independent of cooperation from the e-commerce sites. In addition, the investigation can draw connections to other entities and identities that are used by the infringer. This can reveal a much larger problem than initially expected, but will also allow for the simultaneous shut down and removal of much more counterfeit / gray market items. This data, while compelling, can also be overwhelming when presented as a massive data dump for you to sort through and qualify for relevance. Insure that the service you choose boils down the data to only what is useful and relevant for your enforcement purposes.
- Sometimes when asked where a company’s pain points are, for counterfeit and unauthorized sales, many times we will receive an answer of “It’s under control” or “We don’t have a problem”. A cursory search most of the time, will prove this assertion to be false. The many Asian retailer sites, cyber-squatted or unauthorized registered domain names that reflect exactly or include your brand name, and domain names that rely upon a common mistyped keystroke all can reveal a problem that may neither be known, nor under control. Conversely, authentic looking domestic eBay and Amazon sellers also contribute to diluting the brand, shaking consumer confidence and reducing the bottom line.
- Jonathan – To Engage the entire panel