Protecting your brand online

We have all heard the horror stories of identity theft and the kind of impact it has had on unsuspecting individuals who especially utilize the internet for social and business purposes.  As a direct result of the frequency of these illegal activities, websites such as Lifelock and protectmyid.com have been successfully introduced to protect individuals and their information online, but how do companies safeguard their company’s integrity and more importantly their brands online.

It is no secret that the emergence of the worldwide web has revolutionized the way companies conduct business daily.  The internet provides businesses with unprecedented reach into new and expanding markets resulting in companies experiencing significant growth, renewed interest in their businesses and inevitably increased revenues.  But with this marked opportunity, there also arises the ever present threat of cybercrimes which, and are sometimes committed against these companies.

With this increased usage of the ‘Net’ by companies and consumers, the number of avenues available for illicit activities against recognized brands continues to trend upwards.  Cyber criminals use search engines, social networks, ecommerce, auction sites, email and blogs to exploit legitimate brands to their benefit.   Crimes such as cyber-squatting, false claims of affiliation, phishing, pirating digital content and reputation attacks are prominent brand bending abuses which occur throughout the web. 

These activities are further aided by the fact that the internet is largely anonymous.  Companies should therefore take steps to police their online portals to ensure their brand remains undamaged and that the company’s investment is protected.

Marketing your brand online is quite similar to marketing the brand offline; importantly however, the same brand protection strategies which apply offline must be engaged online as well.   Both small and large companies are encouraged to take three main steps; register your trademark, secure the domain name and finally be proactive about enforcement.

·         Registering the trademark is a given. This is the first move in protecting your brand; the company’s name, logo design, colour, tagline, theme, motto and any other identifying marks must be registered with the agency responsible for protecting trademarks. In Jamaica, the Jamaica Intellectual Property Office (JIPO) is the government agency responsible for this area.  When you are operating online however, it means that you are open to a global market.  It is suggested that you consult with a lawyer who specializes in intellectual property to ensure that you are protected in the other markets as well.

·         Securing your domain name is also another way to protect your online space.  Several online companies provide this service in addition to hosting your website and protecting the name from being taken by another company.  In securing your domain name, ensure that it is also registered to the business owner, as someone else could buy your domain name cheaply and sell it back to you later at a much higher cost.  Importantly, always remember to renew your domain name registration.

·         So now that you have registered your trademark and secured your domain, some unscrupulous person decides to infringe on your brand.  It is critical that you do not take this action lightly.  Pursue those persons and enforce any legal action that can be taken.  This is the main reason why the first steps were taken to secure your brand online.

Tracking down the perpetrators may prove difficult particularly if they are in another country, as is often the case, but your brand’s protection deserves it.  It sometimes takes years to build a brand and to begin to earn value from this brand.   Engage the services of an attorney knowledgeable in the practice of intellectual property law and defend your brand’s rights.