Written by Brand Protection Counsel Nicklas Krag Halvorsen, Master of Laws.
Online Brand Protection is about identifying and stopping the misuse of a company’s trademarks and products online. This may include fake webshops, advertisements for counterfeit products or sales listings in which third parties unlawfully use the company’s name, logo or product images.
When Patrade identifies this type of content, we help have it removed from the relevant platform. This is often a faster and more cost-effective solution than immediately sending a cease-and-desist letter or taking the matter to court.
However, the value of the work does not end when the advertisement or website is removed.
The information is stored
As part of our Online Brand Protection service, we record relevant information about the infringements we identify. This may include:
- information about the seller
- the platform used
- product images and descriptions
- prices and links
- information about the advertisement or sales listing
- the platform’s response to our report
This means that the company not only has the specific content removed. It also builds a body of documentation showing how and where its trademark has been misused.
This can be important because online content may quickly be changed or deleted. If the information is not saved while the content is still available, it may be difficult to retrieve the documentation at a later stage.
The documentation may be important in a dispute
A single fake advertisement may appear to be an isolated incident. However, when information is collected continuously and across different platforms, it can reveal patterns.
For example, the same seller may be offering counterfeit products in several places, or multiple profiles and websites may be connected. The documentation can therefore help establish both who is behind the activity and the extent of the misuse.
If the company subsequently needs to take further action, the stored information can provide a stronger basis for discussions with the seller or platform. It may also be used as evidence if the matter develops into a legal dispute.
The company can demonstrate that it protects its trademark
The information collected may also be relevant in disputes concerning the trademark itself.
For example, a company may need to demonstrate that it has actively responded to unauthorised use of its trademark by third parties. In such cases, information about previous infringements and removed advertisements can help show that the company has continuously monitored the market and protected its trademark.
This may be relevant if a dispute arises as to whether the trademark has become a common term for a particular type of product or service.
The Miffy case illustrates the challenge
The Miffy case illustrates how difficult it can be to protect intellectual property rights on online marketplaces, particularly when sellers are difficult to identify.
In such situations, the continuous collection of data can provide an overview of the infringements and document connections between advertisements, sellers and platforms. This gives the company a stronger basis for taking targeted action, both in its dealings with the platforms and in any subsequent dispute.
Read more in our article The Miffy case highlights the challenges of enforcement on online marketplaces.
