Brand ProtectionCopyrightIntellectual PropertyInternet LawReputation ManagementSocial MediaSocial NetworkingTrademark

PROTECTING A BRAND ONLINE AND WHY THE CHATTER MATTERS

According to the definition by the American Marketing Association, the legal term for brand is a trademark.  While that may be true, and brand may not be possible without a trademark, a brand should be viewed as more than that.  Saying that a brand is a trademark seems too passive, as if merely registering a mark, or marks, is enough to maintain one’s brand.  On the contrary, the owner of a brand has to be very active in building and policing that brand in order to build up good will in that brand and its marks, increase value in the market and avoid losing those marks and/or market share in the marketplace.  In this article, we will explore the steps a brand owner needs to take in order to build and protect their brand online with the advent of social media.

The first step to brand protection is to own the intellectual property.  While the laws of the Internet are sometimes slow to progress, protection of intellectual property is the best offensive to protecting the brand online.  While one way to do that is to register the trademarks, such as name, logo or slogan, another great protection is copyright registration.  Whether it is to register articles, blog posts, designs or even the website, copyright protection is part of protecting the brand offering and another line of attack against infringers.

Why is brand protection so important?  It is easy to get lost in the massive amounts of information online, but at the same time, it can also be easy to differentiate from the rest through effective branding.  Social media and social networking are especially suited to developing and maintaining the brand.  Done the right way, connect to consumers, build a following and then remain relevant as the market changes.  Doing so will help create customer loyalty and make it easier to sell existing and new products and services. At the same time, it can control any likelihood of confusion in the marketplace with other products, avoid dilution and more importantly genericide, and even control the cost of marketing.  Branding online can also make it easier to quantify the return on investment.  Social media allows one to monitor online campaigns. By using certain tools one can see what is and is not working in the online marketing strategy and make changes accordingly.

The effects of not monitoring the brand or letting someone else dictate how the brand is portrayed online can be devastating to the company.  It is unnecessary to point out how every marketing dollar counts.  The effects of brand abuse will bring a decline in revenue and more marketing dollars to offset the damage.  Moreover, by allowing competitors or even consumers to use the mark generically or in ways that are not unique to the brand, can risk the mark getting cancelled in the Trademark Office for becoming generic.  Next time you have a headache and turn to your trusty aspirin, take a moment and consider that aspirin was once a trademark.

Examples of Brand Abuse:

  • Keyword or PPC Abuse;
  • Cybersquatting;
  • Defamation;
  • False Association, etc.

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