ARTICLE
30 January 2025

'Tis The Season To... Supercharge Your Brand Infringement Strategy

Q
Questel

Contributor

Questel is a true end-to-end intellectual property solutions provider serving 20,000 organizations in more than 30 countries for the optimal management of their IP assets portfolio. Whether for patent, trademark, domain name, or design, Questel provides its customers with the software, tech-enabled services, and consulting services necessary to give them a strategic advantage.
Don't let the counterfeiting Grinch ruin your brand's Christmas! Thanks to advances in online monitoring services and technology...
France Consumer Protection

Don't let the counterfeiting Grinch ruin your brand's Christmas! Thanks to advances in online monitoring services and technology, it is becoming more straightforward to fight back against the spike in brand infringement over the festive season, as Questel's David Godoy explains.

For most of us, the festive season evokes feelings of community, joy, and hope. Many choose to express gratitude and esteem for friends and family by gifting them something special; for others, it provides a great excuse to reward themselves with a highly deserved prize for all the achievements of the year that is about to end.

Unsurprisingly, the trade in goods and services experiences a considerable boost as 25 December draws closer. From Black Friday to the January sales, the Christmas period offers a great opportunity for companies to increase their sales and position their brands in the minds of consumers, who could be otherwise overwhelmed by the number of options available. However, focusing only on the potential profits from the season, without regard to the brand infringement risk posed by ill-intended third parties seeking to ride on the coattails of your brands, could soon turn those jovial feelings into ones of despair and stress.

A Less Than Festive Season for Brand Infringement...

During busy shopping periods, counterfeiters look to take advantage of enthusiastic consumers by falsely impersonating your company and its brands and tempting them with discounts or promotion campaigns. Many consumers can be easily tricked by new technologies, with sophisticated tools advertising unauthorized and infringing goods and services at such high quality that it can be hard for the naked eye to detect if it is, in fact, an original or a fake product.

Although the traditional forms of IP protection (e.g., trademark registration or use in commerce) continue to play a paramount role in the effective safeguarding of your assets, online threats pose a different brand infringement challenge due to their ability to reach multiple audiences around the world simultaneously. As a result, it is becoming increasingly vital to have a partner that can not only help you to identify such threats rapidly but also react diligently and proactively to eliminate or minimize the negative impact on your brands, your revenue, and your reputation.

Five Reasons to Focus on Online Brand Protection Now

Besides the high consumer spending and the consequential rise in counterfeit goods/services, online brand protection becomes especially critical during the holiday shopping season for several reasons:

Customer Loyalty

Shoppers are more likely to trust and remain loyal to brands that can provide a reliable shopping experience. When customers encounter fake or fraudulent products, it can damage their perception of the brand, reducing loyalty and future sales.

Corporate Goodwill

Brand reputation is crucial during busy shopping periods such as Christmas. One negative experience, such as a customer receiving a counterfeit product or being scammed, can lead to bad reviews and social media backlash. Protecting your brand from infringement online minimizes these risks and helps maintain a positive image during a high sales period.

Preventing Domain Squatting and Fake Websites

Fraudsters may create websites that imitate legitimate brands to trick consumers into buying fake products, especially during the festive season, when consumers may be less vigilant or in a hurry to purchase gifts. Monitoring and taking down such websites or infringing domains can help prevent damage to your brand.

Social Media Exploitation

Many consumers turn to social media for shopping recommendations and deals during the holidays. Unfortunately, counterfeiters and scammers also use these platforms to promote fake products (and 'dupes'), often through targeted ads or influencer scams.

Avoiding Legal and Compliance Risks

If counterfeit products or brand misuse result in harm, such as dangerous counterfeit goods, your company could face legal risks or compliance issues. Protecting your brand proactively helps prevent such occurrences and shields your business from potential lawsuits or liability.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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