Protecting Digital IP: How Global Brands Secure Their Online Presence

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As businesses expand online, the protection of digital intellectual property (IP) has become essential for brands. From reclaiming crucial domain names to defending against fraudulent sites, companies have developed sophisticated strategies to preserve their digital identity and credibility. Here, we explore common digital IP challenges and highlight how brands safeguard their online presence with real-world examples.

1. Reclaiming Domain Names: Securing a Brand’s Digital Identity

When businesses establish their online presence, they aim to secure a domain name that reflects their brand. However, it’s common for a desired domain name to be previously owned. In these cases, brands negotiate with the domain’s current owner to purchase it.

Example: Google.com In a memorable case, a employee of Google briefly owned “Google.com” due to a glitch on Google Domains. Recognizing the potential security threat, Google promptly bought back the domain and rewarded that employee, who chose to donate his reward to charity; Google matched this donation as a gesture of goodwill. This incident highlighted the importance of swift action in reclaiming critical domains for major brands often using reputable domain brokers or pursue legal avenues to ensure lawful transfers, securing their digital identity and preventing potential misuse of their brand.

2. Fighting Fraud: Combating Domain-Based Scams

Websites that resemble a brand’s domain are often used in phishing scams and financial fraud, imitating the company’s appearance to deceive users into sharing personal data. To address this, brands proactively secure domain names with various top-level domains (TLDs) and implement domain security measures to minimize fraud risks.

Example: BBC’s Efforts Against Fake News Sites In 2021, the BBC reported dealing with fake sites misrepresenting BBC News to spread misinformation. To prevent these risks, the BBC and other large brands register additional TLDs and country-specific domains to prevent bad actors from using these variations maliciously. Brands also apply DMARC policies to prevent unauthorized email use from similar domains .

In some cases, brands take legal actions, leveraging laws like the Anti-Cybersquatting Consumer Protection Act (ACPA) to regain control over domains misusing their identity.

3. Using Subdomains for Product Expansion: Boosting Brand Value and SEO

Rather than acquiring a new domain for every new product or service, many brands create subdomains, which enhances their main domain’s authority, improves SEO, and associates new services with their main brand. This approach consolidates traffic and offers cost savings.

Example: Google’s Use of Subdomains Google strategically uses subdomains, such as “news.google.com” and “maps.google.com,” to maintain brand association and improve visibility of new services. This approach immediately boosts SEO for new services by leveraging Google’s high domain authority (DA) and brand credibility. However, for distinct ventures, such as autonomous vehicle project Waymo, Google opted for a separate domain to establish a unique brand identity.

Using subdomain products also streamlines brand management, allowing brands to grow while maintaining coherence with their core identity.

4. Addressing Persistent Rogue Domains: Steps Brands Can Take

When bad actors repeatedly register similar domain names, brands can adopt several strategies to counteract these infringements and minimize risks to their digital IP.

a. Registering Similar Domain Variations

One effective preventive measure is for brands to secure various domain variations proactively, including common misspellings, alternative TLDs (like .net, .co, .io), and country-specific domains. By doing this, brands minimize the chances of rogue actors capitalizing on these alternatives.

b. Continuous Domain Monitoring and Alerts

Using domain monitoring tools such as DomainTools and BrandShield, brands can receive real-time alerts whenever new, similar domains are registered. This allows companies to swiftly identify and assess potential threats. By actively monitoring, brands can stay one step ahead of bad actors and take early action.

Example: Coca-Cola’s Monitoring Approach
Coca-Cola is a prime example of how large brands use monitoring to track domain registrations similar to their name, responding quickly to any that could harm the brand’s reputation or lead to fraud. This monitoring is a part of the company’s global brand protection strategy .

c. Implementing DMARC and SPF Protocols

These email authentication protocols help prevent phishing attacks that may be sent from lookalike domains. DMARC (Domain-based Message Authentication, Reporting, and Conformance) and SPF (Sender Policy Framework) confirm the sender’s authenticity, helping safeguard customers from rogue emails appearing to come from legitimate-looking but fraudulent domains.

d. Pursuing Legal Action and Domain Disputes

When rogue domains infringe upon a brand’s trademark, brands can file a complaint under ICANN’s Uniform Domain-Name Dispute-Resolution Policy (UDRP). This policy allows for swift domain dispute resolution, enabling brands to regain control over domains that breach their IP rights.

Example: Amazon’s UDRP Success
Amazon has successfully used the UDRP process to reclaim domains attempting to mimic or tarnish its brand. Through consistent legal action, Amazon has set a precedent for the use of UDRP in combating domain-based infringement .

e. Leveraging Brand Protection Services and Technology

To further deter rogue actors, brands often use AI-powered brand protection services like Red Points and MarkMonitor. These tools detect and report suspicious activity, from unauthorized domain registrations to counterfeit product listings. The technology behind these services ensures comprehensive protection across global markets and helps detect threats quickly.

Example: Red Points’ Protection for Puma
Puma, the global sportswear brand, utilizes Red Points to monitor and remove thousands of counterfeit product listings online and defend its digital brand identity. This proactive approach helps Puma maintain brand trust and mitigate the effects of rogue actors targeting its online presence .

5. Digital IP Rights: Protecting Brands on a Global Scale

International protections for digital IP help brands legally secure their digital assets worldwide. Organizations like the Internet Corporation for Assigned Names and Numbers (ICANN) and protocols like the Madrid Protocol provide avenues for brands to defend against domain misuse.

Example: ICANN’s UDRP Policy Through ICANN’s Uniform Domain-Name Dispute-Resolution Policy (UDRP), brands can challenge ownership of domains similar to their trademarks. This has enabled global brands to prevent unauthorized use of their names in various regions. Additionally, the Madrid Protocol assists brands in securing trademarks internationally, critical for managing brand reputation in global markets .

With these protections, proactively defend against digital infringement, creating a strong, resilient digital presence that supports brand growth and credibility.

As brands face increasingly sophisticated IP challenges, a proactive approach to digital security is essential. Through monitoring domains, securing IP rights, and using international protections, companies strengthen their digital assets.

Sources

  1. The Verge. Google reveals how much it paid the guy who bought Google.com. Retrieved from theverge.com.
  2. BBC News. How brands are dealing with fake news websites. Retrieved from bbc.com.
  3. Quora. Why does Google use subdomains instead of new domains for its products?. Retrieved from quora.com.
  4. ICANN. UDRP Policy and brand protection. Retrieved from icann.org.
  5. Coca-Cola Company. Global Brand Protection. Retrieved from coca-colacompany.com.
  6. Red Points. How Puma uses Red Points to protect its brand online. Retrieved from redpoints.com.

Disclaimer: TumkurLab provides informational content intended to assist readers in understanding digital IP protection strategies. While we strive to offer useful insights as a guide or starting point, the content should not be considered a substitute for professional legal advice. We are not a law firm and do not offer legal counsel or representation. All information is provided “as-is,” without warranties regarding its legal adequacy or completeness.

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