counterfeit sales: what are you doing about it?
DESCRIPTION
Five dollar headphones, ten dollar knives, and twenty dollar smart phones; other than a great deal, what do these three things have in common? They represent the potential end of your business. As counterfeit and gray market sales increase, a surprising amount of business owners are either unaware their products are being counterfeited, or just deny the very existence of a problem. How can you find out if you are affected? Or if you know of a violation what can you do? We have the answer to that, and insight into what the future holds for enforcement and industry changes. Spend a quality hour with us to learn what you can do to protect your company and its bottom line.TRANSCRIPT
Webinar | Counterfeit Sales: What Are You Doing About It?| March 28, 2013 | © 2013 Channel IQ Tweet It: #CIQBP
Channel IQ 350 W Ontario St, 6th & 7th Floors
Chicago, IL 60654 312.846.1199
www.channeliq.com
Counterfeit Sales: What Are You Doing About It?
Director, Brand Protection Channel IQ
Webinar | March 28, 2013
David Howell
#CIQBP
Webinar | Counterfeit Sales: What Are You Doing About It?| March 28, 2013 | © 2013 Channel IQ Tweet It: #CIQBP
With over 13 years of experience in the service, delivery and the development of Online Brand Protection, Gray Market, Anti-Counterfeit Sales, Global Domain Management and Reputation Management for Fortune 1000 companies. David has consulted such brands as Apple to Wal-Mart for enforcement strategies and collaboration with cross function teams such as legal and marketing Currently consults for clients in a variety of industries, including consumer electronics, apparel, entertainment, footwear, media, and industrial equipment.
Director, Global Brand Protection Channel IQ
David Howell
2
Webinar | Counterfeit Sales: What Are You Doing About It?| March 28, 2013 | © 2013 Channel IQ Tweet It: #CIQBP
The Counterfeit Sale!
• What is the state of Counterfeits?
• Best practices for protecting brands against
counterfeiters
• Question and Answer
NOTE: Questions may be submitted throughout the session via the chat component of your webinar toolbar.
Today’s Topics:
3
Webinar | Counterfeit Sales: What Are You Doing About It?| March 28, 2013 | © 2013 Channel IQ Tweet It: #CIQBP
The Counterfeit Problem What is a Counterfeit?
4
• Counterfeit Goods by definition are goods infringing the rights of a trade mark holder by displaying a trade mark which is either identical to a protected trade mark or by using an identification mark which "cannot be distinguished in its essential aspects from such trade mark.”
Source Wikipedia
Webinar | Counterfeit Sales: What Are You Doing About It?| March 28, 2013 | © 2013 Channel IQ Tweet It: #CIQBP
The Counterfeit Problem If it’s manufactured, be assured it’s counterfeited
5
• If it’s manufactured, it’s counterfeited.
Webinar | Counterfeit Sales: What Are You Doing About It?| March 28, 2013 | © 2013 Channel IQ Tweet It: #CIQBP
Why are Counterfeits so Detrimental? Counterfeiting is devastating to Manufacturers
6
• Diversion of sales • Loss of market share • Health and Safety risks to consumers • Decrease in reputation and brand value • Possible Liability issues
Webinar | Counterfeit Sales: What Are You Doing About It?| March 28, 2013 | © 2013 Channel IQ Tweet It: #CIQBP
The Counterfeit Problem Global Trade Impact
7
Source: dhs.gov
Webinar | Counterfeit Sales: What Are You Doing About It?| March 28, 2013 | © 2013 Channel IQ Tweet It: #CIQBP
The Counterfeit Problem A Quick Poll
8
What is the Most Frequently Counterfeited Product Category?
Webinar | Counterfeit Sales: What Are You Doing About It?| March 28, 2013 | © 2013 Channel IQ Tweet It: #CIQBP
Top Counterfeit Goods Top 5 Counterfeited Goods
9
clothing
8% pharmaceuticals
9% multimedia
9% shoes
14% electronics
22%
Webinar | Counterfeit Sales: What Are You Doing About It?| March 28, 2013 | © 2013 Channel IQ Tweet It: #CIQBP
Top Counterfeit Goods Most recognizable Counterfeited goods
10
All designated trademarks and brands are the property of their respective owners.
Webinar | Counterfeit Sales: What Are You Doing About It?| March 28, 2013 | © 2013 Channel IQ Tweet It: #CIQBP
Top Counterfeit Brands The top 10 brands counterfeited
11
All designated trademarks and brands are the property of their respective owners.
Webinar | Counterfeit Sales: What Are You Doing About It?| March 28, 2013 | © 2013 Channel IQ Tweet It: #CIQBP
Now the Big Question? Where are these counterfeits being sold?
12
Webinar | Counterfeit Sales: What Are You Doing About It?| March 28, 2013 | © 2013 Channel IQ Tweet It: #CIQBP
Where Are These Counterfeits Being Sold? Top Global Marketplaces
13
All designated trademarks and brands are the property of their respective owners.
Webinar | Counterfeit Sales: What Are You Doing About It?| March 28, 2013 | © 2013 Channel IQ Tweet It: #CIQBP
The Alibaba Phenomenon The Alibaba Group is Amazon.com & Ebay.com into ONE!
14
Source: Alibaba.com
Webinar | Counterfeit Sales: What Are You Doing About It?| March 28, 2013 | © 2013 Channel IQ Tweet It: #CIQBP
The Alibaba Phenomenon Lets take a closer look
15
Webinar | Counterfeit Sales: What Are You Doing About It?| March 28, 2013 | © 2013 Channel IQ Tweet It: #CIQBP
The Alibaba Phenomenon Monster Beat’s © Headphones as an example
16
Source: MonsterCable.com
Webinar | Counterfeit Sales: What Are You Doing About It?| March 28, 2013 | © 2013 Channel IQ Tweet It: #CIQBP
The Alibaba Phenomenon Alibaba.com
17
Webinar | Counterfeit Sales: What Are You Doing About It?| March 28, 2013 | © 2013 Channel IQ Tweet It: #CIQBP
Alibaba.com Example Monster Studio Beats by Dre © Headphones MSRP $299 - $399 USD
18
Webinar | Counterfeit Sales: What Are You Doing About It?| March 28, 2013 | © 2013 Channel IQ Tweet It: #CIQBP
Alibaba.com Example Monster Studio Beats by Dre © Headphones MSRP $299 - $399 USD
19
Webinar | Counterfeit Sales: What Are You Doing About It?| March 28, 2013 | © 2013 Channel IQ Tweet It: #CIQBP
Alibaba.com Example Monster Studio Beats by Dre © Headphones MSRP $299 - $399 USD
20
Webinar | Counterfeit Sales: What Are You Doing About It?| March 28, 2013 | © 2013 Channel IQ Tweet It: #CIQBP
The Alibaba Phenomenon AliExpress.com
21
Webinar | Counterfeit Sales: What Are You Doing About It?| March 28, 2013 | © 2013 Channel IQ Tweet It: #CIQBP
Alibaba.com - AliExpress.com Example Monster Studio Beats by Dre © Headphones MSRP $299 - $399 USD
22
Webinar | Counterfeit Sales: What Are You Doing About It?| March 28, 2013 | © 2013 Channel IQ Tweet It: #CIQBP
Alibaba.com - AliExpress.com Example Monster Studio Beats by Dre © Headphones MSRP $299 - $399 USD
23
Webinar | Counterfeit Sales: What Are You Doing About It?| March 28, 2013 | © 2013 Channel IQ Tweet It: #CIQBP
Do I Have These Problems? This is a question we all should be asking.
24
Webinar | Counterfeit Sales: What Are You Doing About It?| March 28, 2013 | © 2013 Channel IQ Tweet It: #CIQBP
How to Enforce Counterfeit Sales Should we solely rely on our Government?
25
Webinar | Counterfeit Sales: What Are You Doing About It?| March 28, 2013 | © 2013 Channel IQ Tweet It: #CIQBP
How to Enforce Counterfeit Sales Register Key Trademarks (Brands)
26
• Register Trademarks for your brands • Most business mistakenly skip foreign TM registrations. • Trademarks are central to any enforcement strategy.
Webinar | Counterfeit Sales: What Are You Doing About It?| March 28, 2013 | © 2013 Channel IQ Tweet It: #CIQBP
How to Enforce Counterfeit Sales Domain (brand) and infringer strategy
27
• Identify the infringer(s) • Use an enterprise level investigation service. • Qualify the data and find the depth of the problem • Form an educated, enforcement strategy • Implement solutions immediately
Webinar | Counterfeit Sales: What Are You Doing About It?| March 28, 2013 | © 2013 Channel IQ Tweet It: #CIQBP
How to Enforce Counterfeit Sales Where to look for infringement online?
28
• Global Marketplaces • Typo Domain Names • Cybersquatting • Online auctions • Social Media • Paid search ads
Webinar | Counterfeit Sales: What Are You Doing About It?| March 28, 2013 | © 2013 Channel IQ Tweet It: #CIQBP
How to Enforce Counterfeit Sales
• Secure appropriate domain registrations • Purchase both Gtlds and Cctlds as needed • Identify and Recover Typographical domain names • Proactive, is far cheaper than reactive, posturing
How to begin implementation?
29
Webinar | Counterfeit Sales: What Are You Doing About It?| March 28, 2013 | © 2013 Channel IQ Tweet It: #CIQBP
How to Enforce Counterfeit Sales Actively Monitor for Online Counterfeits
30
• Utilize Online Brand and Trademark Monitoring • Regularly crawl the Internet and online marketplaces
for sale of unauthorized and counterfeit items • Search for paid advertisement placement
Webinar | Counterfeit Sales: What Are You Doing About It?| March 28, 2013 | © 2013 Channel IQ Tweet It: #CIQBP
How to Enforce Counterfeit Sales
• Compile list of infringements and qualify results • Uncover identities of infringers • Collect necessary evidence • Send Cease and Desist and Demand letters • Submit evidence and filings to appropriate agencies • Escalate where applicable
Next steps to take?
31
Webinar | Counterfeit Sales: What Are You Doing About It?| March 28, 2013 | © 2013 Channel IQ Tweet It: #CIQBP
How to Enforce Counterfeit Sales What outlets exist for dispute escalation?
32
• eBay VeRO program • Alibaba Aliprotect program • TaoBao IPR program • DHGate IP rights process • Made-in-China Compliance Department • UDRP - Universal Dispute Resolution Procedure • Country Specific escalation (CDRP, India, etc) • Cease and Desist correspondence.
Webinar | Counterfeit Sales: What Are You Doing About It?| March 28, 2013 | © 2013 Channel IQ Tweet It: #CIQBP
How to Enforce Counterfeit Sales Implementing Anti-counterfeiting Techniques
33
• Consider badging to identify authorized 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 website of authorized retailers
Webinar | Counterfeit Sales: What Are You Doing About It?| March 28, 2013 | © 2013 Channel IQ Tweet It: #CIQBP
How to Enforce Counterfeit Sales Work with Experienced Brand Protection
34
• 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
Webinar | Counterfeit Sales: What Are You Doing About It?| March 28, 2013 | © 2013 Channel IQ Tweet It: #CIQBP
Just Keep in Mind You don’t have to be the top brands in the world!!!
35
Source: businessweek.com
Webinar | Counterfeit Sales: What Are You Doing About It?| March 28, 2013 | © 2013 Channel IQ Tweet It: #CIQBP
Channel IQ 350 W Ontario St, 6th & 7th Floors
Chicago, IL 60654 312.846.1199
www.channeliq.com
Counterfeit & Gray Market Sales: What Are You Doing About It?
Director, Brand Protection, Channel IQ [email protected]
March 28, 2013
David Howell
Thank You Questions?
#CIQBP