Five Ways to Protect the Online Reputation
of Your Business
Ashley R. Dobbs(703) 526-4701
2300 Wilson Boulevard, 7th FloorArlington, VA 22201
www.beankinney.com
Ashley R. Dobbs Shareholder at Bean, Kinney, and Korman P.C.
8 years in legal practice Lead BKK’s Intellectual
Property practice group: advertising, marketing, brand protection, trademark, copyright, licensing (data, software, trademark, content), sponsorship & merchandising contracts, internet
Clients include businesses and ad and PR agencies
… and Cruise Director
15 years as business and brand marketing consultant …
Overview
What’s your brand worth to you? What’s the risk to your business
reputation from the “wild, wild west” of the online world?
Five ways to protect that reputation1. Protect 2. Monitor (good web hygiene)3. Enforce (smack-down and clean-up)4. Follow the “Golden Rule” (don’t steal stuff)5. Choose your battles wisely (online reviews)
What is a Brand?
Company image Logo / name Promise or unique value
proposition Customers' experience and
expectations when doing business with your company
Why Does Your Brand Matter? Rapid identification in
a faster world Create customer
loyalty Align and inspire
employees Position to sell,
franchise, license and expand
Why Does Your Brand Matter Online?
85% of executives use social media during a purchase decision (Forrester research)
Consumer reviews are significantly more trusted — nearly 12 times more –than descriptions that come from manufacturers. (eMarketer, February 2010)
53% of people on Twitter recommend companies and/or products in their Tweets, with 48% of them delivering on their intention to buy the product. (ROI Research for Performance, June 2010)
The average consumer mentions specific brands over 90 times per week in conversations with friends, family, and co-workers. (Keller Fay, WOMMA, 2010)
Source: reviewpro.com
What’s Your Brand and Business Reputation Worth?
What if you lost … 30% of your product sales to
counterfeiters? Existing customers? Your pipeline of future
customers? Your entire advertising and brand
marketing budget for the year? Revenue from your content?
What’s the Worst that Could Happen?
Deceitful paid search ads Misleading websites, diverted traffic Lost sales, counterfeit goods Damaged reputation Study of sports jerseys – looking at
one league, 28% of ads were suspicious, with 11 million annual visits redirected from legitimate seller to probable counterfeiters
What Can You Do About It?1. Protect 2. Monitor3. Enforce4. Follow the “Golden Rule”5. Choose your battles wisely
Protect
How do You Protect Your Brand? ORIGINAL WORKS © NAMES ® SLOGANS ™
Protect
Ensure and secure ownership with work for hire agreements with independent contractors and license agreements with trademark users
Use ® and © and TM Use defensive strategies:
Watermarks Widgets / java script Low res images
Source: istockphoto.com
Monitor
Practice good web hygiene Google® alerts and simple searches News media, social mention apps, etc. More complicated automated search options Brand monitoring services
Establish a baseline Implement routine searches and
maintain records Dedicated responsibility with a strategic
plan, not haphazard
Enforce
Be willing and able to enforce your rights against domain name squatters, misleading key word and paid advertising, and other infringers “Cease and Desist” Letters UDRP Complaints DMCA takedown notices
Focus on actual infringement
Follow the Golden Rule
Respect others’ copyrights and intellectual property
Educate your marketing team Written agreements with
photographers & website developers
Pay licensing fees or use free stock photos
Don’t Sweat the Small
Stuff: Kitchen and PR
Nightmares
Source: eater.com
Source: buzzfeed.com
Choose Your Battles Wisely : Online Reviews
Free speech vs. defamation (opinion vs. facts)
Anonymity and free speech (Yelp subpoenas)
DMCA protects hosting sites, not individual posters
Double-edged sword – the “Streisand Effect”
Personal, timely responses and excellent customer services
Business ways to beat bad news: online reputation services, increased coverage of other items, blogging, updating your website, press releases, ask good customers to post with positive reviews
BUT no “sock-puppets” or “astroturfing”!
“Regard your good name as the richest jewel you can
possibly be possessed of -- for credit is like fire; when
once you have kindled it you may easily preserve it, but if you once extinguish it, you
will find it an arduous task to rekindle it again.”
― Socrates
Ashley R. Dobbs, Esquire
Bean, Kinney & Korman, P.C.
2300 Wilson Boulevard, 7th Floor
Arlington, Virginia 22201
703-526-4701
www.beankinney.com
