Online Enforcement

Some Tools for Online Brand Protection

 

  • Domain Recovery via domain acquisitions or bringing actions before competent conflict resolution authorities. (for example WIPO).
  • Finding and removing sites and ads that involves counterfeit products of your brand. (Google AdWords policy prohibits the sale or promotion of counterfeit goods).
  • Third party liability (generally ISP) is possible.
  • Conducting purchases of knock-off goods by an internal employee for obtaining evidence.
  • Be careful to take snapshots of the site that the goods are bought from.
  • Reverse WHOIS searches: If the infringer registered the domain by using a legitimate name and e-mail this reverse search will probably give a list of sites that are also used for marketing counterfeit goods of your brand. This is a way more effective solution then trying to deal with this problem in a whack-a-mole type approach.
  • Investigating import and export records: From these records one can obtain the exporters identity and country of origin. With this data you can follow other shipments of this exporter and finally reach to the producer of the goods.

 

 

Rights Protection Mechanism Glossary:

 

PDDRP (Post-Delegation Dispute Resolution Procedure):

Provides trademark holders opportunity to seek redress from new gTLD registry operators exhibiting a bad faith intent to profit from the systemic registration of infringing domain names. Remedies vary and may include termination.

Trademark Clearinghouse:

A repository for trademark data supporting rights-protection services offered by new gTLD registries. As a central source for collection and validation of data, the Clearinghouse will introduce efficiencies for trademark holders by eliminating the need to submit and validate trademark data as each new gTLD launches.

Sunrise:

A pre-launch phase providing mark holders the opportunity to register domain names in a TLD before registration is generally available to the public. Mandatory in all new gTLDs.

Trademark Claims:

Generates real-time notice to someone attempting to register a domain name if it matches a trademark in the Clearinghouse.

Also notifies trademark holders when domain names are registered that match marks in the Clearinghouse. Mandatory in all new gTLDs.

UDRP (Uniform Domain Name Dispute Resolution Policy):

Independent administrative proceeding to resolve disputes over alleged abusive domain name registrations. Will continue to be available as alternative to court for trademark holders to pursue cases of cybersquatting. Mandatory in all gTLDs.

URS (Uniform Rapid Suspension System):

Provides trademark holders with a rapid and efficient mechanism to “take down” undeniably infringing domain names. A successful proceeding will result in suspension of the domain name. Compliance with results mandatory for all new gTLD operators.

“Thick“ Whois:

Whois records are publicly available and contain information concerning registered domain names,

including identification of the registered name holders. A “thick” Whois model provides more information at the TLD level and makes it easier for trademark holders to locate potential infringers. A “thick” Whois model will be mandatory in all new gTLDs.

http://archive.icann.org