A Walkthrough Guide
The internet gives businesses visibility and reach, but it also increases the risk of infringement. Protecting your intellectual property rights (IPRs) online is essential to preserve your brand value and reputation.
Monitoring Social Media
Retailers and brand owners should monitor how their marks and content are used online. A delay in response to infringing or misleading posts can damage reputation and lose customers.
A simple example is when a consumer buys goods believing they come from your brand when they do not.
To manage this risk:
- Engage with your audience through your verified channels. Analysing website traffic can reveal how your customers behave and where confusion arises.
- Use online takedown tools to remove infringing content. Having a registered trade mark helps this process, though action can also be taken using copyright or passing-off laws.
When Does an Advertisement Infringe?
Advertising may infringe a trade mark if it harms one of its key legal functions:
- Origin function – does the advert make it clear to the average internet user whether it is linked to the trade mark owner?
- Advertising function – does it stop the brand owner from informing or attracting consumers?
- Investment function – does it damage the reputation or ability of the trade mark to retain customers?
If the advertisement confuses the public or exploits another’s reputation, infringement may occur.
Use of Brand Names as Keywords
Search engines allow businesses to bid on keywords, including trade marks. The courts have set limits on how far this can go.
Trade mark owners cannot prevent:
- Third parties from buying their trade mark as a keyword.
- Honest and descriptive use of their mark in advertisements.
They can prevent:
- Ads that fail to make clear there is no connection with the brand owner.
- Ads that take unfair advantage of a brand’s reputation or investment.
Internet platforms such as Google or eBay may be liable if they play an active role in creating an advert or ignore infringing activity once notified. They are not obliged to monitor infringements proactively.
Effective Brand Management in Practice
Online protection is continuous. Technology and international markets mean that infringing activity can occur quickly and across borders. Businesses should take a proactive, strategic approach.
Practical steps include:
- Register trade marks early in all relevant jurisdictions and classes.
- Purchase domains and social media handles that reflect your brand.
- Display the ™ or ® symbol next to your mark.
- Conduct regular online and social media searches for your brand and key terms.
- Use “trap sales” to gather evidence of infringement if needed.
- Act on infringements promptly but seek legal advice before making threats.
- File takedown notices with platforms or internet service providers.
- Maintain clear internal policies for responding to infringement claims and include takedown provisions in your own website terms.
Summary
Protecting your brand online requires planning, monitoring, and swift enforcement. A registered trade mark remains your strongest tool, but effective brand management also depends on vigilance and legal strategy.
Ai Law advises businesses on all aspects of trade mark registration, enforcement, and online brand protection.