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Aug 07, 2015
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Channel IQ55 W Monroe, 22nd Floor
Chicago, IL 60603312.585.3900
www.channeliq.com
Channel IQ | Know What You Don’t Know Series:
The Good, The Bad, The Ugly | BP Strategy in 2014 and 2015David Howell | Director, Brand Protection, Channel IQKevin Gleason| Channel Manager, Leatherman
David HowellChannel IQ
IntroductionsToday’s Guest Speakers
Kevin GleasonLeatherman
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STRATEGY WITHOUT TACTICSIS THE SLOWEST ROUTE TO VICTORY.
TACTICS WITHOUT STRATEGYIS THE NOISE BEFORE DEFEAT.
SUN TZU
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Survey
The Good, The Bad, The UglyWhat is the Problem? Simply Put
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DIVERSION
The Good, The Bad, The UglyReasons to police your brand/products/channels
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Trademark Law imposes an affirmative duty to police on trademark holders. In enforcement actions, Courts have refused to
allow remedies against infringers if the trademark holder has failed to police the problem.
Consequences of Failing to Police Inability to enforce trademark rights against
infringers Abandonment of Mark The Mark may lose distinctiveness and strength Mark may become “generic” and thus, not
protectable
The Good, The Bad, The UglyDuty to POLICE your trademark/property/channel
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Policing is enforcement activity conducted by a brand holder to stop instances of unauthorized sales, false affiliation or bad faith infringement of its property
FIRST – Every should have a strong intellectual property usage policy.
All policing begins with research to identify improper use involving a Company’s property
Policing is conducted by a Brand Owner or its counsel and usually facilitated by third party service provider, such as Channel IQ!
Goal is maintain the owner’s exclusive rights to the brand by preventing others from using the same or a confusingly similar or customer confusion is goods and services
Results in identifying suspect names for which further action may be required – INVESTIGATIONS!
The Good, The Bad, The UglyCommon excuses for not policing your property
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The Good, The Bad, The UglyCommon excuses for not policing your property
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ʺ Common Excuse #1 - I don’t know who they are!
ʺ Common Excuse #2 - All of the Internet is too much!
ʺ Common Excuse #3 - I have to go after everyone!
The Good, The Bad, The UglyThree Core components of protecting your brand – A MUST HAVE!
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Reporting EnforcementResearch
Unless we actively have a strategy to enforcement our reporting and research we will never solve the “Problem”
We have to Know What We Don’t Know- Basically we need to dive deeper into the unknown - Investigations
We have to first identify where and what the details of the problem that is afflicting our property
The Good, The Bad, The UglyTypes of brand infringement
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The Good, The Bad, The Ugly
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Domain Names – Why Start Here One May Ask?The Good, The Bad, The Ugly
Brand Protection 101
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Affiliate Compliance – Direct Product Sales - Domain Name UsageThe Good, The Bad, The Ugly
The Good, The Bad, The Ugly
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Affiliate Compliance – Direct Product Sales - Domain Name Usage
The Good, The Bad, The Ugly
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Affiliate Compliance – Direct Product Sales - Domain Name Usage
The Good, The Bad, The Ugly
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Affiliate Compliance – Direct Product Sales - Domain Name Usage
This Typo-Affiliate owns 48 Domain Names Redirecting
Lets Break this Down!!
Average of 200 visits per domain or 9600 Total Monthly Visits
If we look at the Average Sale of $65 per Transaction
Estimate an 4% total conversions or 384 Transactions
Total Sales $24,960.00 – Paying 4% Commission
This “Affiliate” is making $998.40 Per Month!
The Good, The Bad, The Ugly
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Search Engine Advertising
The Good, The Bad, The Ugly
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Search Engine Advertising
The Good, The Bad, The Ugly
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Search Engine Advertising
The Good, The Bad, The Ugly
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Gray Market Goods & Counterfeit Sales
The Good, The Bad, The Ugly
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Gray Market Sales
The Good, The Bad, The Ugly
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Gray Market Sales
The Good, The Bad, The Ugly
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Counterfeit Sales
The Good, The Bad, The Ugly
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Counterfeit Sales
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The Good, The Bad, The UglyCounterfeit Sales
The Good, The Bad, The Ugly
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Who’s Duty is it to Police the Internet?
The Good, The Bad, The Ugly
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Who’s Duty is it to Police the Internet?
The Good, The Bad, The Ugly
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DEMAND LETTERS(CEASE & DESIST)
DOMAINENFORCEMENTS
MARKETPLACETAKEDOWNS
Legal Remedies Available
The Good, The Bad, The UglyTechnology to make policing manageable
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The Good, The Bad, The UglyTechnology to make policing manageable
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Be Proactive about looking at new possible infringements that contain your property – detect soon and often
Actively watch for a change in status for “danger signs”
The Good, The Bad, The UglySimple – 2015 Brand Protection Strategy!! No Surprise Here!
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Reporting EnforcementResearch
Unless we actively have a strategy to enforcement our reporting and research we will never solve the “Problem”
We have to Know What We Don’t Know- Basically we need to dive deeper into the unknown - Investigations
We have to first identify where and what the details of the problem that is afflicting our property
Q&AWebinar Recap
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2015 Upcoming Webinars
“Know What You Don’t Know” Series12 Months of webinars devoted to providing manufacturing and retail attendees with best practices in channel management, pricing policy, brand protection, and where to buy solutions.
Join us all year for two great webinar series
“Meet the Marketplace” SeriesWe leverage our relationships to bring you 1-on-1 inside conversations with the leaders from the major and secondary marketplaces, followed by Q&A for attendees.
We’ve Moved
55 West Monroe22nd FloorChicago, IL 60603312.585.3900
Find out more:http://blog.channeliq.com
Channel IQ has putting down new roots in Chicago’s “Loop”
Channel IQ55 W Monroe, 22nd FloorChicago, IL 60603www.channeliq.com
For More Information Please Contact:
Thank You
David Howell: [email protected]
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