From the early days of the Internet, the ever-expanding e-commerce landscape was its most recognizable attribute. Businesses switched on or added online platforms to reach more people – with the sales going through the roof. As the world adapted, cracks started to appear – the many security issues and threats to brands operating online.
Trademark abuse became one of the most profound challenges, faced by a majority of brands on the Internet. Still, no universal solution or robust protection exists to counter trademark infringement within ad ecommerce. Only recently AI-driven tools began to emerge that can, potentially, provide capabilities to deal with the threat once and for all.
In this article, we explore the abuse of trademark, how it affects the ad ecommerce landscape, and how new tools like BluePear can help stop brand violations.
UNDERSTANDING TRADEMARK ABUSE IN E-COMMERCE
Trademark abuse refers to the unauthorized use of registered trademarks or brand names by third parties from e commerce advisor to an affiliate for commercial purposes without the brand owner's consent. This can include misleading advertising, counterfeit products, unsolicited e-commerce ad management, and brand impersonation, among other deceptive practices.
There are many instances and forms of trademark abuse in ad ecommerce, but these are the most common and challenging threats:
Counterfeit Products These are unauthorized replicas of branded goods sold under the guise of genuine products. It is an illegal and highly pervasive practice that robs the original brand of its revenue, reputation, and property rights secured by the law. Instances of counterfeiting require immediate interventions on legal grounds.
Keyword Trademark Abuse Unauthorized use of trademarked keywords in online advertising campaigns to divert traffic or mislead consumers through ad ecommerce. Although it may overlap with brand bidding, keywords may be split into two categories: protected by trademark registration (such as brand name) and unprotected. The second category cannot be defended from bidding by engaging in legal actions.
Brand Impersonation Setting up fake websites or social media accounts that mimic legitimate brands to deceive customers. This is an illegal action that can be countered with a cease and desist letter and prompt action by a company’s attorneys. Common threat actors in brand impersonation can be affiliates, former employees, and an e-commerce advisor ergo people most familiar with the brand.
Brand Bidding Bidding on competitors' branded keywords in ad ecommerce and pay-per-click (PPC) advertising campaigns to intercept potential customers. Unlike illegal trademark abuse, brand bidding cannot be dealt with by a legal playbook. Instead, it has to be approached more carefully with AI-driven tools such as BluePear for monitoring and gathering evidence against branded keywords abusers.
The repercussions of trademark infringement in ad ecommerce can be severe for businesses, including: damage to brand reputation and credibility, loss of customer trust and loyalty, legal disputes and financial penalties, decline in sales and revenue.
THE IMPACT OF BRAND BIDDING IN E-COMMERCE AD MANAGEMENT
Brand bidding involves bidding on competitors' brand names or trademarks as keywords in online advertising campaigns. This practice enables advertisers to display their ads alongside search results for specific brand terms, potentially diverting traffic and customers away from the legitimate brand.
Brand bidding poses significant challenges for brands from increased advertising costs due to bidding wars for branded keywords to cannibalization of organic traffic, brand equity, as well as difficulty in tracking and monitoring unauthorized brand bidding activities. To combat brand bidding effectively, businesses can adopt the following strategies:
Consistent Monitoring Monitor and analyze e-commerce ad management campaigns to identify unauthorized brand bidding activity. It is the most effective way to ensure no bad actors appropriate your brand’s name or seed keywords. To make the monitoring even more effective, businesses may try 24/7 AI monitoring solutions or services offering such capabilities as the BluePear brand bidding detection multi-tool.
Trademark registration Implement strict trademark policies and guidelines for employees, affiliates and partners. The more defined, unique and recognized your brand is, the more difficult it is for threat actors to violate your trademarks without being immediately caught. Unique style and quality can also help, easily separating your brand from any potential impersonator.
Employ an e-commerce advisor To handle the cases of brazen brand bidding, an advice from ad ecommerce specialist might be necessary. E commerce advisor familiar or educated on the abuse of trademark can prove a valuable ally when fighting against brand bidding and trademark abuse.
Take legal action If nothing else succeeds, take prompt legal action against offenders to enforce trademark rights and deter future infringements. Cease and desist letters, threats of litigation and even opening an outright court case might be the last but most effective resorts when combating brand rights violations and abuse of trademark.
MONITORING TOOLS FOR BRAND PROTECTION
Manual brand bidding monitoring is unachievable for most small and middle-sized businesses. Even big companies struggle with fraudsters trying to counterfeit or impersonate their brands online.
Only recently tools have emerged that combine consistent monitoring, evidence gathering, and alert system in a single platform, ensuring all-time vigilance through an AI-driven solution.
BluePear is one of the most advanced brand bidding detection tools designed to help businesses identify and mitigate trademark infringements and brand abuse in e-commerce advertising campaigns.
It can fulfill many roles at once, providing all-around protection for your brand’s online integrity.
The primary function of BluePear is the detection of unauthorized brand bidding activities on the Internet. It monitors the search constantly and finds all uses of your branded keywords, categorizing as either solicited or fraudulent, and addressing the issue of the latter.
BluePear automatically gathers data and proofs of violations, including trademark abuse, and alerts brand owners via e-mail.
In addition, it can shed light on the SERP history of certain branded keywords to see how these were used and which actors were involved in potential abuse prior to detection.
All of those mechanisms allow for quick and prompt action against the abuse of trademark, helping your team focus on more critical tasks requiring human intelligence.
We hope this article helped you understand which solutions and practices are the most critical when it comes to the abuse of trademark. Ultimately, vigilance and decisive action are paramount in maintaining trust and integrity amidst the evolving landscape of e-commerce advertising.
