In the sprawling digital landscape, where ideas traverse the virtual realm at the speed of light, lies a lurking danger that can cast a dark shadow over businesses – brand identity theft. Just as a master counterfeiter attempts to replicate the unique strokes of an artist’s brush, cybercriminals endeavor to pilfer the essence of your brand, aiming to deceive, confuse, and profit from the trust you’ve meticulously built with your customers.
In this age of interconnectedness, protecting your brand identity from online theft has become an imperative. It not only shields your business from financial losses but also preserves the essence that sets you apart from competitors and cultivates unwavering customer loyalty. By delving into the intricacies of this threat and embracing proactive measures, you can fortify the fortress that guards your digital kingdom.
Protecting your brand identity from online theft is essential for several reasons:
Maintaining Brand Reputation: Brand identity theft can lead to confusion among consumers, damaging your brand’s reputation. If someone else uses your brand name, logo, or other identifiers for malicious purposes, it can harm customer trust and loyalty.
Protecting Intellectual Property: Your brand identity represents valuable intellectual property that distinguishes your products or services in the marketplace. Unauthorized use or replication of your brand assets can dilute their uniqueness and devalue your intellectual property rights.
Preventing Customer Deception: Online thieves may use your brand identity to create fake websites, social media accounts, or advertisements to deceive customers. This can lead to scams, phishing attacks, or the sale of counterfeit goods, which can harm consumers and erode trust in your brand.
Avoiding Legal Consequences: If you fail to protect your brand identity and it is used for illegal or unethical activities, you may be held liable for any damages or liabilities associated with those actions. Taking proactive measures to prevent brand identity theft helps mitigate legal risks.
Safeguarding Business Relationships: Your brand identity is often associated with your business partners, suppliers, and affiliates. If your brand is compromised through online theft, it can undermine these relationships and create confusion about the legitimacy of your business.
Preserving Brand Consistency: By protecting your brand identity, you ensure that its elements, such as logos, colors, and messaging, are used consistently across all platforms. This consistency strengthens brand recognition, recall, and overall brand equity.
Defending Market Position: Brand identity theft can allow competitors to exploit your brand equity and divert customers to their own offerings. By protecting your brand identity, you maintain a strong market position and prevent unauthorized parties from capitalizing on your success.
Enhancing Marketing Efforts: By protecting your brand identity, you have better control over how your brand is presented online. This enables you to deliver a consistent brand experience, align marketing strategies, and maintain a cohesive brand image.
Supporting Business Growth: A strong and protected brand identity enhances your business’s potential for growth and expansion. It helps attract new customers, build brand loyalty, and differentiate your offerings in competitive markets.
Preserving Brand Value: Brand value is closely tied to the perception and recognition of your brand identity. Protecting it from online theft safeguards the investment you have made in building and promoting your brand, ensuring its long-term value and sustainability.
Some ways to protect brand identity from online theft are listed below :
- Registering your trademark.
A registered trademark can help separate your brand from your competitors. You can start by trademarking the name of your brand to ensure no one else can use the same name. It’s also recommended to trademark your product names, when they are rather unique and not general in any way. For instance, Kleenex and Band-Aid are both trademarked due to their unique product names.
Consult with a trademark attorney to understand the requirements and process for trademark registration in your jurisdiction.
In India, trademark registration is governed by the Trade Marks Act, 1999, and the rules framed thereunder.The entire process of trademark registration in India typically takes around 1-2 years, depending on the complexity and any opposition proceedings. It is advisable to seek guidance from a trademark attorney or a qualified professional to ensure a smooth and successful registration process.
India has witnessed quite a few controversies in the light of this topic, here are few notable examples :
Tata vs. Tea Board: In 2012, the Tea Board of India filed an opposition against Tata Sons’ application to register the trademark “Chaayos” for its chain of tea cafes. The Tea Board argued that “Chaayos” was similar to the Hindi word “Chai,” which is commonly used to refer to tea. The case highlighted the issue of generic terms and cultural significance in trademark registrations.
Nestlé vs. KitKat: Nestlé faced a prolonged legal battle to register the shape of its KitKat chocolate bar as a trademark. The controversy arose due to objections raised by Cadbury (now Mondelez International) on the grounds that the shape was not distinctive enough. The case went through multiple appeal stages before Nestlé finally could not secure the trademark registration in 2018 as Mondelez claimed it did not have inherent distinctive shape.
Yoga vs. Yoga Guru: In 2015, controversy emerged when the owner of “Yoga Guru” applied for trademark registration of the term. Various yoga practitioners and organizations opposed the registration, arguing that yoga is a traditional practice and cannot be monopolized by any individual or entity. The case brought attention to the cultural and heritage aspects associated with traditional practices.
Khadi vs. Khadi and Village Industries Commission (KVIC): In 2017, the KVIC, a government body, filed a trademark infringement case against Fabindia, a popular retail chain, for allegedly using the term “Khadi” without proper authorization. The case highlighted the protection of geographical indications and the rights of organizations promoting traditional products.
These controversies underscore the complexities involved in trademark registrations and the need for careful examination of distinctiveness, prior use, cultural significance, and potential conflicts. Trademark disputes in India are resolved through opposition proceedings, appeals, and legal actions in the appropriate courts or intellectual property offices. It is essential for individuals and businesses to conduct proper due diligence and seek legal advice to navigate the trademark registration process successfully and avoid potential controversies.
- Protecting Copyrights.
We have all faced these issues at least once while we posted a caption on instagram or a video on youtube etc. Copyright law can protect original creative works such as designs, artwork, and website content. Ensure you have proper copyright notices and consider registering your copyrights with the appropriate authorities. In India, the protection of copyrights is primarily governed by the Copyright Act, 1957, along with various amendments made to the Act over the years. The Act provides legal safeguards for original literary, artistic, dramatic, and musical works, as well as cinematographic films and sound recordings.
Copyright protection is available for original works, which are the result of creative efforts and not mere reproductions of existing works. It covers a wide range of works, including books, paintings, sculptures, photographs, music, films, software, and architectural designs.
In India, copyright protection is granted automatically upon the creation of a work. There is no requirement for registration or formalities to secure copyright protection. However, obtaining copyright registration is advisable as it provides additional legal benefits and evidence of ownership.
Copyright owners are granted exclusive rights to reproduce, adapt, distribute, perform, and communicate their works to the public. Unauthorized use of copyrighted works without the permission of the copyright owner constitutes an infringement. Copyright infringement occurs when someone violates the exclusive rights of the copyright owner. The Copyright Act provides various civil and criminal remedies for copyright infringement, including injunctions, damages, account of profits, and seizure of infringing copies.
The following case study sheds some light on the issue:
One notable case of copyright infringement involving a brand in India is the case of Rolex Watch Company Limited v. Alex Jewelry & Ors. This case, decided by the Delhi High Court in 2015, involved the unauthorized use of the Rolex trademark and copyrighted designs on imitation watches.
Rolex, a renowned Swiss luxury watch manufacturer, filed a lawsuit against Alex Jewelry and other defendants for manufacturing and selling counterfeit Rolex watches in the Indian market. Rolex alleged that the defendants were infringing its trademark rights and also copying its copyrighted designs, including the distinctive Rolex crown logo and watch designs.
The Delhi High Court, after examining the evidence and arguments presented by both parties, ruled in favor of Rolex. The court held that the defendants’ activities amounted to trademark infringement and copyright infringement. The defendants were found to be using identical or deceptively similar trademarks and designs that were likely to confuse consumers into believing that the counterfeit watches were genuine Rolex products.
The court emphasized the importance of protecting trademarks and copyrighted designs as they contribute to the reputation and goodwill of a brand. It held that the defendants’ actions not only violated Rolex’s intellectual property rights but also harmed its business interests.
As a remedy, the court issued an injunction restraining the defendants from manufacturing, selling, or advertising counterfeit Rolex watches. The court also awarded damages to Rolex as compensation for the infringement and ordered the defendants to hand over all infringing products and materials in their possession to Rolex.
This case highlights the significance of enforcing copyright and trademark laws to safeguard the rights of brand owners and prevent the sale of counterfeit products in the market. It demonstrates that Indian courts are willing to take strong measures to protect intellectual property rights and provide appropriate remedies to the aggrieved parties in copyright infringement cases.
- Securing your domain.
Securing your domain plays a significant role in protecting your brand identity from theft online. Here’s how:
Brand Recognition: Your domain name is an essential component of your brand identity. By securing your domain, you ensure that others cannot use it to create websites or online platforms that may confuse or deceive your customers. Unauthorized use of your domain can harm your brand’s reputation and cause confusion among your target audience.
Website Authenticity: When your domain is secure, it becomes harder for cybercriminals to create fake websites or phishing attempts using your brand’s name. Customers will be more likely to trust your official website and online platforms, as they know it is owned and operated by your brand.
Data Protection: Securing your domain also involves implementing measures like SSL certificates, which encrypt the communication between your website and users. This helps protect sensitive information, such as customer data, login credentials, and payment details, from interception or theft by hackers.
Intellectual Property Protection: Registering and securing your domain name can also help in protecting your intellectual property. It establishes your ownership and provides legal grounds to take action against those who may infringe on your brand’s trademark or engage in cybersquatting (registering similar domains with the intent to profit from your brand’s reputation).
Online Presence Consistency: By securing your domain, you ensure that your brand’s online presence remains consistent. You can establish a central hub for your brand’s digital activities, including your website, email addresses, and other online services. This helps in building trust and credibility with your audience, as they know where to find your official online presence.
- Monitoring online presence
Brand protection online is critical and it goes beyond setting up firewalls or antivirus software. It requires having employees who are aware of the existing cybersecurity threats and are proactive towards the impending cyberattacks. Along with that, it includes the proactive scanning of public domains and Dark Web servers to identify any evidence of brand counterfeiting.
The main role of online brand protection is to find and shut down fake social media profiles or websites that use your company’s logo or message people in your brand name to steal login credentials and access to your secure networks.
With the help of the right tools in the right place, protect your brand online along with your digital assets against brand infringements. Here are some simple tips and brand protection solutions that an organization must implement and follow:
Website SSL
Website Secure Sockets Layer (SSL) is a security standard that creates an encrypted link between the web server and browser or a mail server and mail client. With website SSL, customers can more easily determine whether they have landed on your legitimate and official website or not. Websites that hold private data must have this implemented so that customers are aware of the information that is processed through that site is encrypted and authenticated.
Brand Monitoring
Make sure that no negative publicity of your brand is existing on the web and is not leaving a wrong impact on your customers. Proactive brand monitoring on the web is a smart way to identify and check the fraudulent cyber activities taking place against your brand.
Take Down of Phishing Websites
According to Webroot, around 1.5 million phishing websites are created every month. Brands on an online platform need to stay protected from cyber fraudulent activities like brand infringement and phishing websites/mobile applications. (“Online Brand Protection: Detect, Monitor and Take Down”)
- Developing brand guidelines.
Most brands rely on a style guide or a brand guide to maintain uniformity in communication.
When multiple people handle brand communications across platforms, a guide serves as a reference for communicating in one voice. Develop a brand guide that will be used by all consumer-facing personnel, today and in the future to keep your brand consistent across every touchpoint.
Keep the following in mind as you develop a brand guideline of your own:
As the business owner, what do you want to communicate to your customers? At the very outset, tell your employees what you want them to tell your customers.
Use the brand guide from a company or publisher you admire. Tried and tested guides are always the best, and they work.
A brand guide is only ever a guide and not a rigid rulebook. Don’t penalize yourself, and your people, for not sticking to it every single time.
Make your brand guide short and full of visual detail—this improves the chances of people reading it.
Assign someone to regularly review the guide and replace elements that aren’t working with ones that hopefully will. This person will also be responsible for communicating changes to the rest of your team. (Contributor and Ali)
Not following brand guidelines can increase the risk of online theft and brand identity misuse in several ways:
Inconsistent Brand Presentation: When brand guidelines are not followed consistently, it becomes easier for malicious actors to mimic your brand’s visual elements or create counterfeit materials that appear genuine. This can lead to confusion among customers and make it harder for them to differentiate between authentic and unauthorized brand communications.
Dilution of Brand Identity: Brand guidelines often define the proper use of logos, slogans, and other brand elements to maintain consistency and strengthen brand recognition. When these guidelines are disregarded, it can dilute the brand’s identity and diminish its unique appeal, making it easier for others to appropriate or misuse your brand online.
Unauthorized Brand Associations: When brand guidelines are not followed, there is a higher risk of unauthorized individuals or organizations associating themselves with your brand without permission. This can lead to false endorsements, misleading partnerships, or the creation of counterfeit products bearing your brand’s identity.
Ineffective Brand Protection: Brand guidelines often include instructions for how to protect your brand’s intellectual property, such as trademark usage and enforcement. Ignoring or neglecting these guidelines can weaken your ability to enforce your rights and take legal action against infringers.
This can be elucidated with an example:
Adidas lost its highly publicized trademark infringement lawsuit against luxury fashion brand, Thom Browne. The lawsuit stemmed from Thom Browne’s use of a “four stripe” logo design eerily similar to the “three stripe” logo made famous and used by Adidas since the 1950’s.
The case was commenced in 2021 by Adidas in the US District Court for the Southern District of New York. In its complaint, Adidas claimed that Thom Browne’s design was too similar to Adidas’ well-known “three stripe” mark and is likely to confuse consumers, given that Thom Browne’s design was being used on athleisure wear such as shoes, shirts and pants. However, as Thom Browne noted during closing arguments: “Adidas does not own stripes.”
Trademark laws are used to protect not only brands, but also to prevent confusion for consumers in the marketplace. When a party receives trademark protection, it has the exclusive right to use a logo or brand, and as a result, consumers can more easily identify the source and associated quality of the branded products.
Here, Adidas’ trademark is limited to three stripes that it uses identically under almost every circumstance. In fact, Adidas places highly specific limitations on how the mark can be used by its designers, as it only allows the logo to be tilted up to 20 degrees or vertically. Due to this rigid use of the mark, as well as the price differential between Adidas and Thom Browne products (which can cost upward of $3,000 per garment), the jury determined that the public could not possibly mistake Thom Browne products with Adidas.
As a result of the decision, Thom Browne is now permitted to continue to sell its products containing the “four stripe” mark and the strength of Adidas’ “three stripe” mark as a source indicator has likely been diminished. The decision is also likely to have implications for other fashion and sportswear brands that use or would like to use design elements such as sequential stripes on their clothing or logos. (Roffe)
In conclusion, protecting your brand identity from online theft is of utmost importance in today’s digital landscape. By following brand guidelines, registering trademarks, monitoring online platforms, and safeguarding digital assets, you can mitigate the risk of unauthorized use, counterfeiting, and dilution of your brand. Maintaining a consistent and secure online presence, enforcing your rights, and educating employees about brand protection measures are crucial steps in preserving the integrity and value of your brand. By taking proactive measures and staying vigilant, you can effectively defend your brand identity against online theft, maintain customer trust, and safeguard your business’s reputation in the digital realm.