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What is online brand protection? 

Online brand protection involves identifying and addressing the unauthorised or misleading use of a brand across digital channels. 

 

This may include: 

  • counterfeit and copycat products; 
  • misuse of trade marks on online marketplaces; 
  • impersonation accounts; 
  • misleading social media profiles; 
  • websites using a brand without permission; 
  • infringing content within apps; and 
  • domain names used for impersonation, diversion or other forms of brand abuse. 

The objective is not simply to find references to a brand. It is to identify activity that may infringe intellectual property rights, mislead customers or cause commercial and reputational harm. 

 

Technology-led detection at scale 

Online infringement can appear across marketplaces, social media platforms, websites, apps and domain names. New listings, accounts and content can emerge continuously. 

AI-powered monitoring and advanced detection technology help to search across these environments at scale, using techniques including image recognition and machine learning to identify potentially problematic activity for review. 

Technology can also automate aspects of the enforcement process, enabling clear infringements to be reported efficiently through the mechanisms provided by online platforms. 

This combination of continuous monitoring and automated enforcement makes it possible to address online brand misuse at a scale that would be difficult to achieve through manual searches and individual takedown requests alone.

Keltie’s attorneys provide the legal and strategic judgement behind that technology, determining what should be monitored, which threats matter and when further action is required.


Legal strategy behind the technology 

Our attorneys can: 

  • define the rights and content that should be monitored; 
  • establish enforcement priorities; 
  • assess the significance of potential infringements; 
  • determine whether action is justified and proportionate; 
  • oversee platform takedown activity; 
  • advise on complex or disputed cases; and 
  • escalate matters where a platform-based remedy is not sufficient. 

 

This helps ensure that enforcement activity reflects the strength of the client’s rights, the seriousness of the threat and the organisation’s wider commercial objectives. 


Online marketplace enforcement 

Trade marks may be used without permission in product names, descriptions, images and seller profiles on online marketplaces. 

Problems can include counterfeit goods, copycat products, misleading listings and seller activity that creates confusion about a connection with the brand owner. 

Many marketplaces provide intellectual property reporting and takedown procedures. Where appropriate, identified listings can be assessed and reported through the platform’s enforcement process. 

Effective marketplace enforcement requires accurate information about the rights relied upon and the nature of the complaint. Keltie’s attorneys help clients determine which sellers, listings, and patterns of activity warrant action, and how to prioritise enforcement. 

 

Website and domain enforcement 

A website may use a protected brand within its domain name, page content, product listings or visual identity. In more serious cases, an entire website may be designed to imitate a genuine business or mislead customers about its relationship with the brand owner. 

The appropriate response depends on how the brand is being used, who operates the website, and the evidence available. 

Keltie can investigate potential infringement and advise on the appropriate enforcement route. Depending on the circumstances, this may involve a takedown request, contact with the website operator or service provider, a domain name dispute procedure such as the UDRP or Nominet's Dispute Resolution Service or further legal action. 

 

Social media impersonation and misuse 

Social media can quickly spread misleading or infringing content to a large audience. 


Potential issues include: 

  • accounts impersonating a brand; 
  • fraudulent promotions or customer communications; 
  • sales activity that infringes trade mark or other intellectual property rights; 
  • counterfeit product advertising; 
  • misuse of trade marks in account names or profiles; and 
  • content intended to create a false association with a business. 


Social media platforms operate their own reporting processes and intellectual property policies. Technology can support the identification of suspicious accounts and content, while legal review helps distinguish harmful misuse from legitimate references, commentary or discussion. 

 

From takedowns to further enforcement 

Platform takedowns can provide an effective response to some forms of online misuse, but they will not resolve every case. 


Further action may be required where: 

  • misuse continues after content is removed; 
  • the same party repeatedly creates new listings or accounts; 
  • the infringer disputes the complaint; 
  • activity extends beyond a single platform; 
  • evidence suggests a wider counterfeiting operation; 
  • a domain name needs to be recovered; or 
  • the commercial harm justifies formal legal proceedings. 

 

Depending on the circumstances, Keltie can advise on escalation through cease and desist correspondence, domain recovery procedures, customs action or litigation. 

 

Why choose Keltie? 

Effective online brand protection requires both scale and judgement.

 

Keltie combines technology-led detection and scalable enforcement with legal oversight. Our trade mark attorneys set the enforcement strategy, make the judgement calls that technology cannot and advise when a routine takedown is not enough. 

 

The result is an online brand protection service shaped around your rights, risks and commercial priorities. 

 

To discuss how online brand protection could work for your business, contact our team.

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