Online Brand Management: Brand Protection Basics

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THE WINNING ADVANTAGE eZINE

Friday, March 12, 2010

Published by Earl Savage
ES World Marketing
http://esworldmarketing.com/blog/wp/

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In This Issue:
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1. Message from the Publisher

 

2. Feature Article – “Online Brand Management: Brand Protection Basics”
                                 by Enzo F. Cesario

 

3. Free Ads

 

4. Bonus Article – “Online Brand Protection: Don’t Get Crazy”
                              by Enzo F. Cesario

 

 

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=>> A Word From The Publisher
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Dear reader,

Welcome and Thanks!

As always, I hope you’ll enjoy and profit from reading
“The Winning AdVantage”. Please feel free to post your
comments at the bottom of this blog post. I welcome your feedback.

 

To your success,

Earl Savage, Publisher
The Winning AdVantage eZine
winning@esworldmarketing.com

 

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=>> Feature Article
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Online Brand Management: Brand Protection Basics
Copyright (c) 2010 Enzo F. Cesario
BrandSplat
http://www.Brandsplat.com/

One of the greatest strengths of the Web is that it gives
everyone with a connection the ability to publish content,
period. Anyone can register domain names and build attendant
webpages, often for what amounts to a pittance. Some domains cost
as little as ten dollars to register, or less if the buyer wishes
to bundle the purchase of several names at once. Naturally, this
flexibility has attracted the attention of people with less than
honest motives for their efforts.

Like it or not, there are individuals online who aren’t content
to promote their brand through their own efforts and hard work,
but would prefer to profit by the work of others. They accomplish
this through a number of unfortunate methods. They domain-squat
on names they expect to become famous, use similar names and
domains to get attention, and in general rely on the good name of
brands they have nothing to do with to draw in business.

As part of the effort to build up a brand into something to be
proud of, it’s important to focus on brand protection. It may
sound silly on the surface; after all, who could be confused by
Makdonolds as opposed to McDonalds? However the issue isn’t
always quite so ridiculously clear, and can lead to a number of
hassles a brand just doesn’t need. Here we share three common
hazards and their solutions for safeguarding your brand.

Hazard 1 – Cybersquatting

In short, cybersquatting is a series of methods for registering
and maintaining a domain name solely with the intent to profit
from another agency that desires it.

The first method revolves around predicting the need for the
domain name itself. As in the above example, suppose in the early
days of the Internet someone outside McDonald’s had registered
all the relevant domain names. When McDonald’s finally goes to
establish a Web presence, they find the names they need are all
taken, and thus have to bargain with this individual for terms
under which he’ll sell them back, obviously at a profit to
himself.

Other methods involve registering similar domain names to
existent ones. Suppose again that McDonald’s had possession of
McDonald’s.com, but not McDonald’s.net. The squatter picks up
the .net domain, knowing that at least some people will come to
the page out of curiosity or by accident. Once again, they can
bargain with McDonald’s over ownership, or they can provide a
link to McDonald’s own webpage, and thus get click-through
traffic that can be monetized with ad revenue.

Solutions to Cybersquatting

Due to the fight over free speech and free market rights
pertaining to the Web, cybersquatting is not easy to define as
illegal. It is certainly unethical, but given the myriad of
international laws governing the use of these domain names there
is not always a clear recourse in overcoming these activities.

There are always methods that can be used, however. First, there
is the legal recourse of going through ICANN for arbitration.
However courts can and often have overturned ICANN’s rulings
upon further review. The legal fees associated with this process
may exceed the cost of simply buying the domain outright from the
squatters.

Another option is to be creative with your domain names. Google,
Yahoo, icanhascheezburger, and similar domain names share a
certain nonsense quality. They aren’t commonly used words, and
are less likely to get snapped up by squatters. If your business
isn’t tied strongly to a real world word already, consider
coming up with something outside the box to prevent yourself from
getting squatted. Purchase several of the more common variations
on your domain name as well, to prevent the parallel name style
of squatting.

Hazard 2 – Typo Squatting

Typo squatting relies on common typing errors or shortcuts to
redirect users to a site other than the one they intended to
visit. For example, information.com could be typed as
iformation.com or info.com, and lead to the squatting site
instead of the intended location. While this may seem like a
variant on cybersquatting, it ends up being rather different in
practice.

As with parallel naming, the intent here is to use a similar name
to draw in users looking for one site. However the intent is very
rarely to sell the url to the parent company. More frequently,
these sites direct to ‘gripe’ pages, spambots, malware
propagators and other malicious activities.

Solutions to Typo Squatting

Once again, legal action can be taken to protect a brand
(particularly if the squatters are profiting from the venture),
but can quickly become expensive. A more cost-effective route for
a smaller brand just getting started would be to post information
to your Social Media News Room and webpage about any such sites
you come across, with warnings and information on how to
circumvent them. Taking responsibility for your brand is the best
way to protect it and cement its value in your audience’s mind.

Hazard 3 – Complacency

It’s tempting to register a domain name and trademark, and think
that’s all you need to do. However, neither of these confers
automatic protection. Yes, they allow for recourse to the law in
the event a case goes to court, but the Internet is a place where
information moves quickly. By the time you fight things out in a
court case that you may or may not actually win, people already
have associated your brand with the spambot they accidentally got
directed to.

Solutions to Complacency

Be proactive. Education is your best defense on the Web. Learn
about common cybersquatting and typosquatting tactics. Check your
domain and see if others are using these tricks to hurt your
brand (consciously or inadvertently). Be aware, be informed, and
take every step you can. The Internet is a dynamic place, and it
falls to you to make sure that benefits you, rather than
blemishes your brand.

———————————————————-
Enzo F. Cesario is an online branding specialist
and co-founder of Brandsplat, a digital content
agency. Brandsplat creates blogs, articles, videos
and social media in the “voice” of our client’s
brand. It makes sites more findable and brands more
recognizable. For the free Brandcasting Report go to
http://www.BrandSplat.com/ or visit our blog at
http://www.iBrandCasting.com/

 

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=>> Bonus Article
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Online Brand Protection: Don’t Get Crazy
Copyright (c) 2010 Enzo F. Cesario
BrandSplat
http://www.Brandsplat.com/

Previously we discussed some of the issues surrounding the
protection of your online brand. It is true that there are people
out there who intend to misuse and abuse brand associations that
others worked hard to create, and there are steps to take to
limit them. After all, hard work should be protected, and
there’s no reason to let someone trash your brand just because
you didn’t consider every single eventuality.

However, there is such a thing as overzealousness. Planning ahead
is good, but the Internet is a dynamic and fluid place that has
its own rules. It is in many ways a living entity, growing and
evolving as more input is provided and refined by the collective
efforts of billions of minds working together, or even at
cross-purposes. Attempting to outright control the Web is an
exercise in folly, and we provide a clear example of when going
too far can go wrong.

Living Language

Language is an odd thing. It requires a certain degree of agreed
definition otherwise it’s worthless. So consider the interesting
case of Adobe Systems and the trademark usage document they
recently published on their site. In short, the document goes
into the various approved ways to use the names of their products
such as Reader, Acrobat, and Photoshop, as well as ways not to
use them.

Adobe’s Photoshop and other Adobe products have been driving
forces on the Web, leading toward greater standardization of
document and file types. As the popularity of the format grew,
the language surrounding them adapted.

Creating an image using Photoshop became ‘Photoshopping,‘ and
then just, ’shopping.’ These words entered into the popular use
of language on the Internet fairly quickly, leading to Adobe’s
decision to publish a trademark guideline document. Now, before
going further, this is both an example of good and bad efforts to
protect a brand.

The Good

The document does clearly state that these are guidelines for
official promotional uses of the Adobe trademarks. This is their
legal right – having trademarked the term, they can provide
information on how they are to be appropriately used. Adobe is
clearly making an effort to ensure their brand is presented in
the spirit they intended.

The Bad

The document addresses some issues that seem somewhat nitpicky,
and outside the realm of official trademark uses. The portion on
‘don’t abbreviate Photoshop to PS’ in particular doesn’t seem
like something that would come up in official promotional
material, and really comes across as a jab at popular forum
culture.

As we’ve discussed before, people on the Internet are not
robots, but people with a sense of individuality, their own
rights, and quite frequently an ironic sense of humor. Again
remember the infamous 4chan protests of Scientology. These were
not a protest in the traditional sense – these users got together
to do this as a lark. The average Internet user doesn’t respond
well to patronizing commentary, and such efforts usually
backfire.

Something Old, Something New

The phenomenon we are discussing is not unique to the Internet,
either. Before the Internet was created, people were calling
every tissue a Kleenex, despite this referring to only one brand
out of many (Puffs, Scott, etc). Making a photocopy is still
called Xeroxing in many circles, because Xerox made the first
major breakthroughs in office photocopying. Both of these
occurred before the Internet provided the tools to speed the
process along, so consider how much harder it would be to arrest
the process now.

Measured Steps

Again, the Adobe document provides both some good and some bad
elements. Having information available is never a bad thing,
especially where official trademarks are concerned. Letting
people know how you want them to use your trademark on official
documents is a good step. Instead of requiring time to be wasted
contacting people and looking the information up, they can go to
your resources page and find what they need without a hitch.
You’ve made their lives easier and given your brand a positive
image.

On the other hand, there is something to be said for letting pop
culture have its way. People might call it Xeroxing, but if
they’re buying Canon machines has anything really been lost?
Make allowances for the whims of pop culture, and consider
contacting your user base.

When you’re putting your trademark document together, run it by
your audience for consideration. Put up a comment page and ask
for feedback, jokes included. Then you may just find you have the
most honest evaluation you could have ever asked for, free of
charge.

———————————————————-
Enzo F. Cesario is an online branding specialist
and co-founder of Brandsplat, a digital content
agency. Brandsplat creates blogs, articles, videos
and social media in the “voice” of our client’s
brand. It makes sites more findable and brands more
recognizable. For the free Brandcasting Report go to
http://www.BrandSplat.com/ or visit our blog at
http://www.iBrandCasting.com/

 

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That’s all for this time – thanks for reading!

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Your success is our success!
ES World Marketing

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