Trademarks act to identify the source of a particular good or service. To be effective and drive sales, they generally need to be visible to a certain segment of consumers. On the Internet, such “visibility” can be achieved through various search engine optimization and marketing techniques. Here are several ways unscrupulous infringers exchange trademarks, trade names, and the goodwill of trademark owners.

1. Domain names – Certain use of trademarks or similar confusing variations as domain names may constitute trademark infringement. In addition to remedies available against cybersquatters under the Anti-Squatting Consumer Protection Act (ACPA), 15 USC Section 1125 (d), a trademark owner can file suit in state or federal court. Monitoring domain name registrations is an effective initial step in warning of a violation. Trademarks, trademarks plus additional verbiage, and obvious typographical errors (known as “typosquatting”) should be considered in a monitoring program.

2. Meta tags and source code – Sophisticated infringers will insert trademarks into the source code of a website to attract consumers to the site when they enter search engine queries for the trademarks. These tactics include meta tags, title tags (located at the top of the page and usually displayed at the top of the browser window), and header tags (code associated with key text on the website page). Parts of the source code can be viewed by selecting “Show source code” or similar options depending on how the browser is used. Along with website copy, the use of trademarks in the source code is probably one of the reasons why a web page shows up high in organic search engine results.

3. Copy of the website – Real text on websites is one of the most obvious ways to infringe a trademark and works well for search engine optimization. This type of infringing trademark use can usually be found by a search search of the website page (s).

4. Keyword advertising – Trademark infringement in keyword advertising, also known as “pay-per-click” advertising, is one of the most insidious due to the effect it has on some trademark owners. In keyword advertising, someone bids on a certain keyword or phrase entered by the public in a search engine. Winning bidders typically appear as ads or results in a “paid sponsors” area of ​​the search engine results page, usually at the top or right of the page. Trademark infringement in keyword advertising occurs in two possible ways. First, the banner ad may contain infringing use of the trademark and usually includes a link to a website. This can entertain people looking for a trademarked product or service on a third party website. Second, the trademark can be used in the keyword offering itself, which can also divert the business from the rightful trademark owner. The latter is particularly egregious because the price of keyword advertising is generally based on an auction format and increases as the number of bidders increases for the term. Therefore, outside infringers can increase the cost to the trademark owner of bidding on their own trademarks in keyword advertising.

5. Social networks – In addition to the obvious problem of trademark or trademark user names being acquired by infringers (also known as “username theft”), trademarks can be infringed in various ways on social media. These include posts, domain name links, and general information. Companies should regularly monitor their trademarks on social media to prevent future infringements and stop innocent infringements as soon as possible.

6. Internet Directories – Due to the many Internet directories out there, unscrupulous trademark infringers can list your website or business (with a link to your website) in these directories and get the wrong address from consumer searches for a Commercial brand. This type of trademark infringement can be particularly difficult to remedy due to the large number of directories, the relative lack of self-control, and the international distribution of operators. Generally, an agreement with a trademark infringer should include a requirement that a de-identification request be made to any Internet directory that contains infringing references or content.

7. Blog posts, article sites and other comments – Blogs, article submission sites and other sites that allow comments are an excellent opportunity to create inbound links and therefore increase the search engine optimization of a website. Unfortunately for trademark owners, these sites provide an equally excellent opportunity to divert business using the trade name or trademark of others.

8. Search engine directories – Like Internet directories, search engines provide listings, such as Google Local (now Google+), where businesses can appear along with their address, basic business information, description of the services / goods offered and the address of the site Web. These listings are ready for one company to claim the identity of another. Trademark infringement can also occur in the description of the company or the services / goods offered. Most search engines provide a process to “claim” a listing or transfer it to the rightful owner. Businesses must be proactive in this area by reclaiming their listings before they are adopted by third-party infringers.

9. Website hijacking – One of the scariest novelties in trademark counterfeiting is website hijacking. This new form of infringement is likely a response by infringers to the success that trademark owners have achieved in ending trademark counterfeiting online. Website hijacking is when an infringer hacks a website, usually a corporate one and sometimes one owned by a well-known company, establishes a subdomain, and operates a counterfeit online store that sells infringing products. The company is often unaware of this, only finding out after the brand owner files a lawsuit to stop the offending online store being unknowingly operated by an innocent third party. This technique is particularly devious in that it provides counterfeit coverage and time with the court system to move its operation before the trademark owner can obtain a court order.

Despite the danger the Internet poses to brand and trademark owners, there are many effective strategies to stop infringement. Monitoring the use of trademarks is an effective first step. Contacting an intellectual property attorney and submitting cease and desist letters are additional steps that may be effective before filing the next trademark infringement statement.

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