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In the recent Channel IQ webinar, "Enforcing Your Policy - Knowing When to Say When," Channel IQ experts David Howell and Dustin Busmann tackled the challenging problem of enforcing your policy. This deck covers: • Current mechanisms available for policy enforcement on major marketplaces like eBay, Amazon, Alibaba, and TaoBao • Best practices for aggregating and submitting evidence • How to execute and follow up on a basic Cease and Desist • Much More Who Should view this deck? • This is ideal for anyone in a Legal, Sales, or Brand role. The full webinar is available by visiting www.channeliq.com.
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Channel IQ 350 W Ontario St, 6th & 7th Floors
Chicago, IL 60654 312.846.1199
www.channeliq.com
Channel IQ | Know What You Don’t Know Series: Enforcing Your Policy - Knowing When to Say “When” David Howell Dustin Busmann
David Howell
Dustin Busmann
Introductions Today’s Guest Speakers
What is your problem? Less aggressive than the question might read, but still a valid point.
4
Do the DUE (diligence)
Find out as much as possible ahead of time.
5
Do the DUE (diligence)
Give yourself some credit
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The TAO of TaoBao
Learning how TaoBao and Alibaba work
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9 Sources: Forbes, Wall Street Journal, Venture Beat, The Economist, eCommerce Bytes, Alibaba Group Report, comScore
>$175B product sales 2012
>700MM registered users
>760MM Products on TaoBao (C2C)
March 2013
>70K Consumer Brands on TMall
(B2C) March 2013
171.3MM Transactions Processed by AliPay
on 11.11.13 (Global Record)
>$5.78B Sales recorded 11.11.13
Alibaba Group Sites
~$5.29B US Online Sales 2013
Thanksgiving-Cyber Monday
Alibaba boasts the biggest online sales day
in recorded history
Alibaba Enforcement Steps
1. Register for a free account with AliProtect and submit your infringement claim
2. Once Alibaba receives and evaluates the complaint/notice they will expeditiously take down the listing referred to in your claim
3. They will then notify the seller in writing of the removal of the claimed infringing product listing and provide them with your contact information so that they may contact you directly with an opportunity to respond
4. If the seller objects to the removal of the alleged infringing product listing, the seller may submit a counter-notice to dispute the claim. Upon receipt of such counter-notice, Alibaba may resume the seller’s listing unless they receive notice from you that an action has been filed against the seller in a court of competent jurisdiction for infringement of your intellectual property rights
AliProtect | legal.alibaba.com
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eBay VeRO | Not a Zero pages.ebay.com/help/tp/vero-rights-owner.html
eBay has a solid track record for removing infringing listings. Close to 100% in fact. FA
CT
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Who are these sellers? Marketplaces statistics - eBay
Source: Michael Jones: “eBay: Connected eCommerce”, Sep 2013
13
Amazon Sellers Support group is here.
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• https://www.amazon.com/gp/help/reports/infringement
>2MM third party sellers 2013
1.3MM third party sellers 2009
40% 3PS % of total sales Q3 2013
$17.90B net sales Q3 2013
$13.81B net sales Q3 2012
36% 3PS % of total sales Q3 2011
Now, look at it like this:
$7.16B sales by 3PS Q3 2013
* 7% = % counterfeit goods
>$500MM sales lost to counterfeit goods
Sources: Reuters, Consumer Goods Technology, RetailWire, Amazon.com Q3 2013 Annual Report
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Amazon
If you sell counterfeit goods, we may immediately suspend or terminate your selling privileges and destroy inventory in our fulfillment centers without reimbursement. In addition, if we determine that a seller account has been used to engage in fraud or other illegal activity, remittances and payments may be withheld or forfeited. The sale of counterfeit goods can also lead to legal action by rights holders and civil and criminal penalties.
Amazon Anti-Counterfeiting Policy
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Global Compliance Rates Among Marketplaces
0% 20% 40% 60% 80% 100%
Americas
Europe
Asia/Pacific
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Cease and persist How to take the next step
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Marketplaces fallout Dropping the bomb is just the first step
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• Register Trademarks for your brands • Identify the infringer(s) • Qualify the data and find the depth of the problem • Form an educated, enforcement strategy • Implement solutions immediately • Secure appropriate domain registrations • Purchase both Gtlds and Cctlds as needed • Identify and Recover Typographical domain names • Actively Monitor for Online Sellers • Make it known you will not honor warranties for items purchased from an unauthorized seller. • Remove all products and authorization from online retailers with ineffective escalation policies • Create whitelist on your website of authorized retailers • Never, never, never stop
Enforcing Your Online Policy The big list of do’s
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Enforcing Your Online Policy Where to begin online
• Global Marketplaces • Typo Domain Names • Cybersquatting • Online auctions • Social Media • Paid Search Ads
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Enforcing Your Online Policy
1. Compile list of infringements and qualify results 2. Uncover identities of infringers 3. Collect necessary evidence 4. Send Cease and Desist and Demand letters 5. Submit evidence and filings to appropriate agencies 6. Escalate where applicable 7. If you can’t do it – find someone who can - sometimes you only get one shot at it
Step-by-step
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Enforcing Your Online Policy If you decide to, choose the right solution provider
• Select a qualified Brand Protection solution • International and U.S. IP experience • Enforcement that can work independently or in conjunction with your
inside and/or outside counsel • Monitoring and Enforcement under one roof • Offers enterprise level investigations • Flexibility to adapt a solution to your specific needs
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Enforcing Your Online Policy Who’s Duty is it to Police the Internet?
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Channel IQ 350 West Ontario Street, 6th & 7th Floors Chicago, IL 60654 www.channeliq.com
For More Information Please Contact:
Thank You
David Howell: dhowell@channeliq.com Dustin Busmann: dbusmann@channeliq.com
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