Brand Protection 101
Table of contents
Is brand protection the new high risk area for CISOs of world renowned brands?
In the past, trademarks and copyrighting was enough, but today malicious brand threats are evolving at the speed of lighting.
Nowadays, bad actors can attack your brand online in various ways, whether through social media impersonation or website spoofing (creating fake websites that resemble those of trusted brands). They can impersonate your brand name so your clients purchase fake goods or retain and sell client data to slowly unpick your brand’s reputation.
What is more blurry is the link between consumer trust after a scam occurs, and one which is more difficult to unpick.
A 2024 report from the Federal Trade Commission found that consumers reported losing a total of $60 million to Microsoft impersonation scams and $49 million to Publishers Clearing House impersonation scams from the previous year based. But what percentage of these victims will abandon a brand after experiencing a financial loss because of online scams? This is a serious question.
It is also why effective brand protection is so important. As scams and brand impersonation increase, so to do our need for reputational survival.
Within this long form guide we share why exactly you need to create a cybersecurity strategy that includes a sharp tech stack and sufficient internal support to fight back and pounce on criminals, faster than they can tank your brand reputation. As well as our brand protection overview, we’ll share common brand abuses, and various ways to safeguard your brand online.
What is brand protection?
Firstly, let’s define what is brand protection.
In a nutshell it can be explained as taking specific action to stop someone from infringing your brand illegally by using your intellectual property (IP), brand name, or both. Intellectual property covers anything anyone produces considered a creation of the mind.
But how do you protect your creation?
That’s where trademarks come into play. Trademark laws have been in circulation since the 1300s when bakers had to mark their bread with a design to showcase where it came from. This was one of the first instances of protecting brands.
Brand abuse and its evolution to new heights
With the rise of the internet and artificial intelligence, brand abuse is growing. While internet fraud is nothing new, it is shape shifting to something more intangible. The fact that a surveyed batch of 7 in 10 consumers say they must trust brands before they invest their hard-earned money into their products and services is another pain for brand architects.
So, when did it all begin?
Website defacements were one of the very first online brand abuses. For example, in the summer of 1996, someone changed the U.S. Department of Justice’s website to “Department of Injustice” and added inappropriate pictures.
In the late 1990s, domain squatting became common. People would buy domain names similar to brand names to sell later or use them for scams. Brands that didn’t act fast to secure their domain names often ran into issues. It is today’s equivalent of companies who need to quickly claim their social media handles to avoid similar issues.
So, what is a modern strategy brands need to get onboard with?
First let’s review the types of digital abuse are trending.
What is digital brand abuse?
Brand abuse is when someone uses a brand’s name without permission to profit from their hard work and reputation. Here’s a list of common digital brand abuses:
Counterfeiting
Counterfeiting is when someone makes or sells products using your brand name or IP without your permission.
The two main types of counterfeiting include:
- Knock-offs: Very low-quality imitation goods that don’t use your brand or trademarks. For example, you might find a bag that looks like a famous brand but doesn’t have the brand’s logo. It’s often poorly made and falls apart quickly.
- True counterfeits: High-quality fakes made by organized crime groups that look similar to the real product. For instance, a fake designer watch that looks almost identical to the genuine one. True counterfeits can be dangerous, like fake bike helmets that break easily. A study showed that 80% of counterfeit bike helmets failed safety tests, putting people’s lives at risk.
Copyright infringement
This happens when someone copies, distributes, or displays your work without your permission. Copyright protects books, videos, photos, music, and art.
For example, if someone copies a chapter from your book and posts it online without asking you, that’s copyright infringement.
A report found that copyright infringement costs the global music industry $2.7 billion annually.
Trademark infringement
Using a trademark on products or services without permission is known as trademark infringement. Trademarks include words, logos, patterns, and shapes that identify your brand.
For instance, if a company uses a logo similar to Nike’s swoosh, it confuses customers into thinking they’re buying real Nike products, when it is not at all the case.
Patent infringement
Making or selling a patented invention without your permission is known as patent infringement. Patents protect new inventions and designs.
A basic example- if you invent a new type of coffee maker and someone else starts selling it without your permission, that’s patent infringement.
A classic example involved Apple and Samsung, where Apple sued Samsung for copying the design of the iPhone, resulting in a hefty $1.05 billion settlement for or infringing on just six patents.
Common infringement tactics
Now, let’s rundown some of the most popular infringement tactics and strategies in simple non legal jargon.
Rogue or copycat websites
These websites resemble official sites to trick customers into buying fake products or giving personal information. They might use a slightly altered version of your URL. For example, a bad actor might change “www.yourbrand.com” to “www.yourbrand-shop.com.”
CybelAngel can take down fraudulent sites effective immediately before they harm your business. If you have noticed copycats online, request a demo of our domain protection service today!
Domain hijacking
This occurs when criminals take control of your actual domain. It’s a serious threat because it can directly affect your brand’s online presence.
Cybersquatting
Cybersquatting is registering domain names similar to established brands, often to sell products or services under those names. Cybersquatters don’t have any real connection to the brand and aim to profit from the brand’s reputation.
Phishing
Phishing is when scammers pretend to be your brand to collect personal details from customers. This information is often used for theft or fraud. For instance, a scam email might look like it’s a clear template from your bank and ask for identifying details.
Social engineering
Social engineering, involving tricks or manipulation, according to data is used in 98% of cyberattacks. Phone calls, phishing scams, malicious links (often sent via email, text, or social media), and other forms of social engineering are commonly used to manipulate individuals into unwittingly granting access or divulging sensitive information like login credentials to cybercriminals.
Social media impersonation
This involves creating fake social media accounts that look like they belong to your brand. These accounts can direct customers to fake websites, recruit for false positions, or sell counterfeit goods.
For example, a fake Instagram account might claim to sell your products at a discounted price and then leads users to a sophisticated mirrored scam site.
Unfortunately, social media abuse is skyrocketing due to how quick and easy it is to manipulate platform users.
Fraud
In brand protection, fraud is linked to selling goods while falsely claiming to be the official seller or misrepresenting the products. It can smoothly create the false illusion of a relationship with your brand.
For example, a seller might claim to be the official dealer of your products but sell fakes. That being said, fraud isn’t just a security issue, but a marketing issue as well.
Supply chain disruptions
Brands often face threats not directly from attackers but from third-party vendors or partners. Cybercriminals might target these third parties to get to your brand, which can still make you responsible for any resulting damage or penalties.
How does brand protection work?
Brand protection has two main goals: keeping the brand’s reputation safe and ensuring customers don’t lose trust in it.
Brand abuse can have serious consequences for brand owners. Counterfeit products, intellectual property infringement, and online impersonation can cause major financial and reputational damage. While measuring this impact can be tough, it’s a problem that can’t be ignored.
For customers, buying fake products often means they don’t realize they’ve been cheated until something goes wrong. For example, a fake medical device might break and cause harm or even death. This not only makes customers pay too much for poor-quality items but also erodes their trust in the brand, leading to lost revenue and damage to the brand’s reputation.
Measuring damage to your reputation is difficult. You might see more customer complaints or returns. Lawsuits used to help, but today’s criminals make legal action less effective because they’re smarter, bolder, and have technology at their side.
That’s where brand protection companies like CybelAngel step in. We specialize in digital risk protection by monitoring various sources (dark web, deep web, surface web, and gray market) for threats to your digital assets and brand reputation.
Here’s a breakdown of our online brand protection solutions:
- Detection of fake websites: We can identify and alert organizations about counterfeit websites that mimic legitimate brands. This helps in taking down these sites quickly to prevent customer deception and data theft.
- Monitoring for brand abuse: The platform continuously scans for unauthorized use of a brand’s logos, trademarks, and other intellectual property, enabling companies to address infringements proactively.
- Phishing detection: We can detect phishing campaigns targeting a brand’s customers or employees, providing early warnings to mitigate potential breaches.
- Data leakage prevention: By identifying leaked credentials, confidential documents, and other sensitive information, CybelAngel helps organizations secure their data and protect brand.
- Threat intelligence: We provide actionable cyber due intelligence that allows companies to understand and respond to potential threats against their brand.
Why is brand protection software important?
Brand protection software is important because it helps safeguard your brand from misuse and damage in the following ways:
- Detects counterfeits: It identifies fake products that use your brand name or logo without permission, helping you stop them before they reach consumers.
- Monitors online activity: It tracks where and how your brand is being used online, including on websites and social media. This helps you find unauthorized uses quickly.
- Protects intellectual property rights: It helps manage and secure your trademarks, copyrights, and patents, ensuring they’re not used without your permission.
- Fights fraud: It helps detect and prevent phishing and other fraudulent activities that can harm your customers and your brand’s reputation.
- Enhances compliance: It ensures that partners and distributors comply with your brand’s guidelines and standards, reducing the risk of infringement and misuse.
- Saves time and resources: Automates monitoring and enforcement tasks, freeing up time for your team to focus on other important areas.
How do you develop a brand protection strategy?
Before you dive into technology, you need a solid strategy. What should this strategy involve? Here’s what we suggest:
IP portfolio management
First, ensure your intellectual property (IP) portfolio is managed the right way. If your team lacks this expertise, consider hiring specialists who will:
- Conduct searches to ensure new brand names don’t conflict with existing ones.
- Secure your trademarks and designs in all key markets to prevent unauthorized use.
- Make sure your IP is protected against local objections for a maximized potential value.
Business intelligence
Establish a system for collecting and analyzing data about where and how your brand is being misused online. This involves:
- Track e-commerce platforms that sell your products and identify unauthorized listings.
- Determine products and regions prone to infringements.
- Understand where the most traffic is going and which sites or platforms have problems. This intelligence will help you focus your efforts on the most critical areas.
Prioritization and threat analysis
With the data your system collects, you should prioritize and analyze treats. Then, you should allocate resources based on the level of the threat and potential impact.
Online advertising monitoring
Identify and rectify issues with ads being shown on counterfeit websites. Also, regularly review your ads and make necessary adjustments to avoid undesirable locations.
Social media monitoring
Discovering a single social media account promoting fake products can help you find a whole network. Additionally, identify and report accounts that spread misinformation or counterfeit products.
Building a network of partners
Collaborate with police and other authorities to handle major offenders. You should also collaborate with customs officials to enforce the brand protection law and prevent fake goods from entering the market.
How can companies monitor and enforce brand protection online?
Here’s a breakdown of brand protection examples:
Trademarks
Registering logos, names, and slogans gives businesses exclusive rights. Brand rights protection is easier in this case as it allows them to take legal action against unauthorized use. Trademarks also help prevent consumer confusion, strengthen brand identity, and enforce brand name protection.
- Copyrights: This protects creative works like content, designs, and artistic expressions. By registering copyrights, brands can legally protect their original creations from being copied or used without permission.
- Patents: Patents grant exclusive rights to inventions, stopping others from making, selling, or using similar products. They’re particularly important in industries where technological advancements play a key role.
Technology solutions
- Authentication technologies: To combat counterfeits, brands can use holographic labels, QR codes, and RFID tags. These technologies help verify the authenticity of products, protect consumers, and track illegal trade.
- Digital monitoring tools: These brand protection tools scan the internet for unauthorized use of a brand’s identity. Automated systems monitor mentions, logos, and product images across websites, social media, and e-commerce sites and help companies act quickly against brand misuse and digital counterfeiting.
Proactive reputation management
- Continuous monitoring of online presence: This includes tracking social media mentions, customer reviews, and online discussions. Monitoring tools help identify potential threats like fake accounts or unauthorized content. This is what protect the brand meaning is all about.
- Crisis communication plan: When negative publicity arises, brands should respond quickly and transparently. Addressing issues, correcting mistakes, and showing commitment to resolution can reduce the blow to your reputation.
Collaboration and partnerships
- Government agencies: Brands are typically legally protected through trademarks. Therefore, working with government agencies like the United States Patent and Trademark Office (USPTO) can strengthen a brand’s defense.
- Industry alliances: Brands facing similar challenges can benefit from industry-specific alliances. Collaborating with competitors or peers allows for sharing best practices and collective intelligence.
- Cross-sector collaboration: Brands can also communicate with organizations outside their industry. This brings diverse views and expertise, which results in better solutions for protecting brand values.
Employee education and training
- Spreading awareness: Brands should educate employees about internal threats and brand protection measures. Training should cover the risks of sharing sensitive information and falling for phishing attacks.
- Security guidelines: They should also provide guidelines on data handling, access controls, and secure communication practices. Regular training and updates on new threats can help employees recognize them.
FAQs
What are 3 of the biggest brand protection abuses?
One major abuse is counterfeiting, where criminals create and sell poor-quality versions of a brand’s products. This cheats customers and harms the brand’s reputation.
For example, operation SHIELD IV, spearheaded by Europol, has delivered a robus 64 million euro punch to the counterfeit medicine trade, leading to charges against 1,284 individuals.
Another issue is trademark infringement, where other companies use a brand’s name, logo, or other trademarks without permission. This also dilutes the brand’s identity and value because it confuses customers.
Cybersquatting is also a big problem in the brand protection industry. It’s when people register domain names similar to a popular brand’s name to sell them to the owner at a high price. This can mislead customers and harm the brand’s online presence.
What are the best practices for enforcing brand protection online?
First and foremost, you should register your brand’s trademarks. This gives you legal rights and makes it easier to take action against unauthorized use.
Next, you should regularly monitor the internet and e-commerce marketplaces for illegal use of your trademarks. This is time-consuming, so we suggest hiring professionals with automated tools that search for your brand/s name and logo online.
You should also work with legal experts who specialize in IP. They can help draft clear policies and contact law enforcement when necessary.
How can companies monitor and prevent counterfeit products online?
Companies can either use advanced tracking technology to track e-commerce platforms that sell their products or hire brand protection companies like CybelAngel to do it faster and better.
Companies should also partner with online marketplaces and platforms, as many large ones usually have anti-counterfeiting programs that allow brands to report fake products and remove them quickly.
It goes without saying that companies should also educate their customers on how to recognize real products and where they can find them.
How can I prevent counterfeit products from hurting my brand?
The faster you react to the brand abuse, the better. For starters, take legal action and notify online platforms of the fake products.
Then, enhance product packaging with QR codes, holograms, or unique serial numbers. These features can help customers verify the authenticity of your products.
Work closely with trusted distributors and third-party service providers to ensure they understand and follow your brand protection policies.
How can a company effectively enforce its brand protection policies?
Clearly define your brand security policies and make them known to all employees, partners, and distributors. Ensure everyone understands the importance of branding protection and the steps to take if they spot a violation of the brand protection policy.
Moreover, regular audits and checks of online and offline sales channels help find and address potential violations of the protected brand.
Your company should also develop a responsive action plan for infringements. This should include legal actions, communication strategies, and steps to correct any issues caused by the infringement.
Hiring a legal team that specializes in brand name protection and IP can also help you enforce these policies properly and increase your brand protection security.
Protect your brand with CybelAngel
Traditional methods can keep your brand safe but not fully. To battle cybercrime, you will need CybelAngel’s advanced technology and brand protection efforts.
Act now. Request a demo of our domain protection module, with new added features.