If someone stole your phone or your car, you’d react swiftly and take decisive action to recover your possessions or find the perpetrator.  But if someone stole your brand logo or product concept, what would you do? 

Online commerce platforms and social media channels like Facebook, X, Pinterest, LinkedIn and Instagram can be a double-edged sword for businesses.  On the one hand, they’re indispensable tools for connecting with and transacting with audiences around the world, while on the other hand, they create opportunities for unscrupulous operators to profit from another person’s legitimate endeavours.

There’s clearly an upside and a downside to the digital world, but as the landscape changes and grows, the number of disputes involving intellectual property is increasing. Without the proper safeguards to protect your brand online, your hard-won reputation and possibly even your business’ future may be at risk.  You may even be reading this because your IP has been stolen and you need advice on what to do.

This guide will help businesses safeguard their brands on social media channels and help them identify and mitigate the risk of unauthorised use of their IP.   It also outlines practical steps that businesses can take if you suspect your rights have been transgressed.  From the outset it is important to understand that things are not always as they seem; what may look like an infringement of your rights or a theft of your IP may not be the case so specialised and personalised advice should be sought before acting.

What risk does social media pose for my brand?

Social media is crucial for businesses of all shapes and sizes.  It enables customer engagement and connection, it boosts brand visibility, it opens up endless marketing opportunities and it can drive growth and profits.  It also poses some serious risks including reputational damage and loss of brand control.

Let’s understand the negative impact social media can have on a business:

Reputational damage.  It takes considerable time, effort and resources to build a brand’s reputation – but good work can be undone in flash.  Whether it’s from negative reviews, fake news, as a result of a third party misrepresenting your brand or something else – there are a myriad ways that a brand’s hard-earned online reputation can be eroded.

Viral backlash and negative publicity.  The ripple effect from bad reviews or even misinformation is real.  Unless damage control measures are put in place immediately and the issues addressed, things can quickly spiral out of hand.

Brand impersonation.  Even the most carefully planned and well-executed marketing strategy can come undone when a third party pretends to be your brand.  There’s been a significant increase in cases whereby legitimate brands are being impersonated by someone else using fake profiles and fake social media accounts.

Trade mark infringement.  Your business name, logo, slogan or even colours or aspects of product packaging that are unique and distinctive can be your most valuable assets, so it is really important to protect them through trade mark registration.  Official trade mark registration is the often the only way to guarantee exclusive rights to that identity.  Every brand is at risk of unauthorised use of its trade marks such as its name or logo, and the subsequent fall-out can be catastrophic.

Cybersecurity threats.  We share large amounts of sensitive information with social media platforms and there’s plenty of evidence highlighting the real risks of data security and compromised privacy.

Online brand protection: what should businesses do?

It’s not all doom and gloom in cyberspace.  The good news is that there are plenty of things that businesses can do to protect their reputations online and minimise the risk of trade mark infringements or brand impersonations.

Practical steps for business owners to consider:

• Trade mark registration
• Domain registrations
• Develop a robust social media policy
• Claim social media handles
• Verify social media accounts
• Maintain consistent, accurate and up-to-date brand/business information across all social media platforms
• Monitor social media for brand mentions and activity
• Maintain consistent audience engagement
• Co-opt stakeholders to share the responsibility for online brand protection

Let’s examine each of these steps in more detail.

Trade mark registration is not only for big business.  Social media has opened up a world of opportunity (literally as well as figuratively) for enterprises of all shapes and sizes, and ensuring legal protections for intellectual property has never been more important.  Often, it’s the only way to guarantee exclusive use of a mark and provide for legal recourse in the event of a transgression such as a business logo or other brand identity being copied and used by a third party.

Domain Name Registrations should be considered. It’s easy to just register “brandname.com.au” to use for your website. But, we suggest you secure different domain names that relate to your business or brand too. Whilst this does not provide ownership, it can certainly prevent headaches if other businesses were to register domain names related to your business

A comprehensive social media policy to educate employees and other stakeholders on the organisation’s expectations regarding the use and management of social media is imperative.  This policy should also set out clear guidelines on where and how the brand is represented online and what the business’s trade mark rights are.  Establishing a framework for a digital presence also makes it easier to review the status quo and identify areas of concern.

Claim social media handles or usernames at the earliest opportunity.  These are a brand’s unique identifiers which distinguish the brand from other users on the various social media platforms and are typically preceded by the @ symbol.  The closer it is to your business name, the more chance it has at being recognisable and memorable.

Verify your social media accounts to establish credibility, authenticity and trustworthiness on social media platforms.  Verification is an important way for users to differentiate between genuine and fake accounts.

Update your business information regularly to ensure it’s consistent and accurate across all your social media profiles.  This will help to maintain a strong identity and will help moderators identify any copycats.

Monitor your social media regularly and consistently to understand what people are saying about your brand online.  This will help with early detection and resolution of online issues such as negative feedback, suspicious conversations etc.  Social listening tools are an excellent tool for tracking and gathering relevant content across the digital platforms in real-time and enabling businesses to take swift remedial action when necessary.

Maintain consistent audience engagement on social media to demonstrate your commitment to customer satisfaction and to foster loyalty.  If you respond promptly to queries, address concerns or complaints and accept responsibility for your errors – your business is more likely to be seen as trustworthy, authentic and reliable. It will also help lessen the impact of negative comments online.

Co-opt all stakeholders to help maintain the integrity of your online brand identity.  Your employees, suppliers, business partners and other stakeholders can become a valuable resource in helping to protect your unique brand – and they should be encouraged and empowered to report any suspicious online activity.

So what can you do if you suspect your business is being misrepresented online?

Knowledge is power, so it is important to be aware of your legal rights.

If you believe you are a victim of a trade mark violation, the best way forward is to seek advice from a professional such as a trade marks attorney. They can assess the situation and recommend the most effective course of action. Remember, trade mark registration is largely country by country. Therefore, if you find a business in another country using the same or similar brand name to you it may not be a trade mark infringement.

If you have registered your brand as a trade mark, your IP ownership can be evidenced by sending a Cease and Desist letter to the infringer.

Social media platforms also have reporting tools for both trade mark and copyright infringements and can remove infringing content/accounts or issue take-down notices where relevant.  If your logo or brand has been stolen and is being used dishonestly online, it is crucial that you report any infringement to the social media channel directly.

A final word on brand protection online

We should treat the protection of our intellectual property in the same way that we take steps to secure our physical possessions.  Prevention is far better than cure.

Establishing effective security measures, being vigilant about monitoring social media channels and establishing watertight legal protection through trade mark registration will go a long way to preventing the risk of your IP being stolen and your hard-earned brand reputation being misrepresented and damaged.

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