Forensic Brand Protection Services - Safeguarding Customer Trust and Loyalty

Total Page:16

File Type:pdf, Size:1020Kb

Forensic Brand Protection Services - Safeguarding Customer Trust and Loyalty Brand protection services Safeguarding customer trust and loyalty Private and confidential 2019 Forensic Brand protection services - Safeguarding customer trust and loyalty Deloitte’s brand protection services can help you Our brand protection services can help protect your brand from fraud, counterfeiting, infringement (of IP, patents and copyright) and associated risks by evaluating and benchmarking your current exposure to these risks. What we will assess? Which product brands owned by your company are being counterfeited Which elements of your supply chain and the locations prone to such are engaged/ affected? counterfeit sales? What are the 1 6 volumes and frequencies of such sales? Who are the manufacturers/ What are the areas of leakages in distributors/ stockists of the 2 7 your supply chain? counterfeit products? Are there infringements in your Are you also facing pilferage issues? 3 8 patents/ copyrights/trademarks, etc? Does your industry use one or two large vendors for select processes? What measures can you adopt to If so, how do you manage the risk of 4 9 protect your brand? infringement? Is your brand selling at significantly Is your brand being misused or lower than MRP prices, over misrepresented? 5 10 and above company approved discounts? What will you gain? A strong brand is invaluable for the success of any organisation. According to market • Discover gaps in your supply chain research, brand value accounts for more than 30 per cent of the stock market value of companies in the S&P 500 index*. In our experience, organisations spend as much as • Ability to better control revenue 5–10 per cent of their revenues on marketing activities, promotional events, product losses caused by counterfeits and development and improvement of customer experience. infringement of IP/ trademark/ However, such efforts by companies may be diluted due copyrights to acts of infringement and counterfeiting (particularly in • Know your suppliers/ vendors India), resulting in financial losses and reputational risks. better Further, the evolving nature of legislations protecting the • Reduced risk of loss of reputation intellectual property rights in India and the consequent pace • Provide quality protection to your of enforcement action have compelled brands to proactively customers by ensuring that only safeguard their assets. authentic products enter the market *Source: Millward Brown, Inc. 03 Brand protection services - Safeguarding customer trust and loyalty Our services Supply chain fraud • Supply chain gap analysis • Identifying theft/ pilferage issues Anti-counterfeiting • Logistics fraud identification solutions • Employee-Vendor Collusion frauds • Market survey • Illicit and grey market goods investigation • Investigation of supply chain of counterfeit goods • Damage quantification • Enforcement action IP protection support and Audits • Anti-trademark infringement • Copy right protection solutions • Anti-piracy solutions Brand awareness programs • Training programmes for employers/employees • Workshops for third party vendors to help them identify counterfeits 04 Brand protection services - Safeguarding customer trust and loyalty Brand protection advisory servides We offer preventative and investigative services focused on helping protect our clients’ brands from fraud or theft, counterfeiting and infringement (of IP, patents, and copyright), and other associated risks. By proactively evaluating our clients’ manufacturing to retail supply chain, including third party providers, we can identify vulnerabilities, develop early warning systems, and design and implement compliance training programmes. In addition, we can assist in conducting investigations both online and offline as well as assist in live incident management and response. E-commerce and social media monitoring Supply chain fraud Third party reputational assessment due diligence REACTIVE SERVICES BRAND PROTECTION ADVISORY SERVICES PROACTIVE SERVICES Compliance and training Online and offline programme investigations Incident management 05 Brand protection services - Safeguarding customer trust and loyalty Our strengths Unique capabilities: Forensic technology, data analytics, field research/ site visits, and due diligence skills Experienced advisors: Our applied on engagements team of experienced industry advisors and consultants Field team: A dedicated in-house have over 150 person years field team, with a pan India of experience in various presence, capable of gathering fields intelligence through market enquiries, site visits, and mystery shopping – using tested techniques and methodology Unbeatable coverage: We have an excellent coverage across all locations in India 06 Contact us Nikhil Bedi Wilfred Bradford Partner | Leader - Forensic Partner | Forensic Financial Advisory Financial Advisory Deloitte India Deloitte India T: +91 22 6185 5130 T: +91 22 6185 5505 E-mail: [email protected] E-mail: [email protected] Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited, a UK private company limited by guarantee (“DTTL”), its network of member firms, and their related entities. DTTL and each of its member firms are legally separate and independent entities. DTTL (also referred to as “Deloitte Global”) does not provide services to clients. Please see www.deloitte.com/about for a more detailed description of DTTL and its member firms. This material is prepared by Deloitte Touche Tohmatsu India LLP (DTTILLP). This material (including any information contained in it) is intended to provide general information on a particular subject(s) and is not an exhaustive treatment of such subject(s) or a substitute to obtaining professional services or advice. This material may contain information sourced from publicly available information or other third party sources. DTTILLP does not independently verify any such sources and is not responsible for any loss whatsoever caused due to reliance placed on information sourced from such sources. None of DTTILLP, Deloitte Touche Tohmatsu Limited, its member firms, or their related entities (collectively, the “Deloitte Network”) is, by means of this material, rendering any kind of investment, legal or other professional advice or services. You should seek specific advice of the relevant professional(s) for these kind of services. This material or information is not intended to be relied upon as the sole basis for any decision which may affect you or your business. Before making any decision or taking any action that might affect your personal finances or business, you should consult a qualified professional adviser. No entity in the Deloitte Network shall be responsible for any loss whatsoever sustained by any person or entity by reason of access to, use of or reliance on, this material. By using this material or any information contained in it, the user accepts this entire notice and terms of use. ©2019 Deloitte Touche Tohmatsu India LLP. Member of Deloitte Touche Tohmatsu Limited.
Recommended publications
  • UNDERSTANDING TRADEMARK STRENGTH Timothy Denny Greene
    STANFORD TECHNOLOGY LAW REVIEW VOLUME 16, NUMBER 3 SPRING 2013 UNDERSTANDING TRADEMARK STRENGTH Timothy Denny Greene & Jeff Wilkerson* CITE AS: 16 STAN. TECH. L. REV. 535 (2013) http://stlr.stanford.edu/pdf/understandingtrademarkstrength.pdf ABSTRACT Trademark strength, properly understood, refers to the scope of protection afforded a trademark by courts based on that mark’s inherent and acquired: (1) tendency to signify to consumers a consistent source of the products to which the mark is affixed; and (2) ability to influence a consumer’s purchasing decisions. The stronger the mark, the more uses the mark’s owner may exclude from the marketplace through a trademark infringement or dilution action. We argue that the acquired strength prong is insufficiently theorized and lacking in analytical rigor, which results in inconsistent results as judges in each jurisdiction (and indeed, each judge within a jurisdiction) rely on their own peculiar heuristics for determining whether a trademark is strong or weak. Our goal in this Article is to develop a better understanding of what is at stake when judges and practitioners think about trademark strength and to provide analytical guideposts that judges and practitioners can use to improve outcomes. By describing mark strength in a more articulate, consistent manner we can work towards eliminating inconsistency across circuits, thereby promoting more uniform national application of the Lanham Act. And by predicting accurately how strong a court will hold a mark to be in litigation, practitioners and markholders can better calculate the risk of bringing suit against an alleged infringer (or diluter). * We thank Uli Widmaier and Chad Doellinger for providing vital comments and encouragement in early drafts of this Article.
    [Show full text]
  • Duane Morris Cannabis Trademark and Brand Protection at a Glance
    CANNABIS TRADEMARK AND BRAND PROTECTION With an increasing number of states coming “online” with respect to medicinal and adult-use cannabis products, and with the changes in the legality of cannabis extracts (namely CBD) following the 2018 Farm Bill, there is a strategic need for cannabis companies to brand their products and services. The branding of cannabis products and services—as with all products and services—is crucial for garnering consumer recognition, gaining and increasing market share, and attracting investment dollars. Cannabis companies that are developing and strengthening their brand equity now will be best-positioned for the market and legal changes that are sure to come in the future. Duane Morris attorneys work closely with clients operating or looking to operate in a wide array of verticals, and assist with developing brand strategies that make sense for their businesses from both practical and legal perspectives, and in the most cost-efficient manner possible. We’ve helped clients operating in both the medicinal and adult-use spaces in developing and implementing corporate structures that facilitate the growth and marketing of their brands. RANGE OF SERVICES 2018 Farm Bill Spurs Cannabis Trademark Clarification • Brand Clearance In response to the 2018 Farm Bill, the United States Patent • Trademark, Prosecution, Registration and Protection and Trademark Office (USPTO) released an examination • Product Licensing guide aimed at clarifying the procedure for trademarks used • Enforcement in connection with cannabis and cannabis-derived goods and • Trade Secret Protection services. • Intellectual Property Strategy • State, Federal and International Brand Protection Under these guidelines, applications filed before December 20, 2018, that identify goods and/or services encompassing • Advice on Marketability CBD or other cannabis products will be issued a refusal based on unlawful use or lack of bona fide intent to use in lawful LEADERS IN THE FIELD commerce under the CSA.
    [Show full text]
  • Brand Protection Report
    Brand Protection Report Published May 2021 Table of Contents Introduction 3 Robust Proactive Controls 4 Powerful Tools for Brands 7 Holding Counterfeiters Accountable 13 Introduction Amazon strives to be Earth’s most customer-centric company, offering vast selection, low prices, and fast delivery. We deliver on that vision by creating shopping experiences that customers, sellers, and brands can trust. Today, we have more than 300 million active customer accounts and over 1.9 million selling partners worldwide. Many of these selling partners are small and medium-sized businesses, and they represent the majority of physical products sold in our stores. We are proud to help these small businesses thrive and create hundreds of thousands of new jobs in their local communities. In the face of COVID-19, we are grateful that Amazon could continue to serve our customers and selling partners. Customers were able to order and receive what they needed during a global pandemic and our selling partners, in many cases, grew their businesses as their physical storefronts saw decreased sales. The pandemic also attracted bad actors who tried to take advantage of the situation, and despite their attempts, we continued to make strong progress driving counterfeits to zero in our store. In 2020, Amazon invested over $700 million and employed more than 10,000 people to protect our store from fraud and abuse. As a result, the vast majority of our customers continued to only find authentic products in our store. We approach our anti-counterfeiting efforts through three strategies: 1. Robust proactive controls. We leverage a combination of advanced machine learning capabilities and expert human investigators to protect our store proactively from bad actors and bad products.
    [Show full text]
  • Best Practices for Intellectual Property Protection in China
    Best Practices: Intellectual Property Protection in China ntellectual property (IP) is a longstanding, discovered. To protect their IP in China, companies critical concern for companies operating in should follow several steps: IChina . IP enforcement has consistently placed among the top handful of issues raised by US- Craft and Implement a Corporate China Business Council (USCBC) member IP Strategy in China companies every year in USCBC’s annual membership survey. Concern about IP • Conduct an initial audit of the company’s enforcement remains a major factor influencing China operations to determine IP assets, IP company strategies and operations in China. risks, and assign appropriate levels of China’s IP laws and regulations increasingly reflect protection to those assets based on the risk of international standards, and China has indeed infringement. made steady efforts to better protect and enforce IP • Review the company’s internal IP controls to rights. However, challenges remain, including determine whether they provide sufficient lingering issues with China’s IP legal framework in protection. Make adjustments based on the IP areas such as trade secrets, uneven enforcement, audit, and dedicate resources in alliance with and significant procedural barriers that frustrate the company’s IP protection goals. company efforts to protect IP in China. At the same time, counterfeiters and infringers in China are • Classify IP-relevant information according to increasingly sophisticated. They often exploit its level of sensitivity, and integrate that procedural loopholes, proactively seek to classification into information control and invalidate legitimate patents and trademarks, operational procedures. deploy advanced techniques such as reverse • Make IP protection a core responsibility of the engineering, and find new ways to infiltrate entire China management team, not merely a legitimate distribution networks and build their function of the legal or brand protection teams, own parallel networks.
    [Show full text]
  • 2001) (PDF, 395 KB, File Does Not Meet Accessibility Standards.
    Quality Control - International 12 – 14 February 2001 PROCEEDINGS OF THE 23rd GEISENHEIM MEETING 12. – 14. February 2001 International training course for quality inspectors for fruit, vegetables and ware potatoes ______________________________________________________________ Organizers: Regierungspräsidium Gießen Dezernat 29/114, Wetzlar Bundesanstalt für Landwirtschaft und Ernährung, Referat 323 - Qualitätskontrolle, Qualitätsnormen, Frankfurt am Main TABLE OF CONTENTS Page 1 Standard Interpretation and Quality Control - Answers to questions asked by control services 20 Opening address 23 Regulation No. 2251/92: Goals and aims of the current reform 27 Quality Assurance System - The new controlling system of KCB 31 New Methods to Determine Fruit Quality 33 The Prospective Accession of Hungary to the EU seen by a Hungarian Producer Organisation 37 EC Quality EC-Marketing Standard for Onions 39 Results of Sample Assessment for Onions 40 Isotope Analysis as a means of tracing the origin of Onions and Potatoes 45 EC-Marketing Standard for Melons 50 Results of Sample Assessment for Melons 51 Melon Types of Importance in Spain 56 Melon Types of Importance in France 59 Melon Varieties in Israel 61 Melons from Turkey: Main Types and their Characteristics 69 List of Participants ____________________________________________________________________ Editors: Erik Schneider, BLE, Frankfurt am Main LD Gert Pingel, RP Gießen, Wetzlar Translation: Jutta Himmelreich, BLE, Frankfurt am Main Erik Schneider, BLE, Frankfurt am Main 1 Standard Interpretation and Quality Control - Answers to Questions asked by Control Services Bärbel Jacobs, David Holliday, Wilfried Staub 1. Tomatoes What is the minimum acceptable coloration for tomatoes? Both the EU quality standard and the OECD standard state that the development and condition of tomatoes must be such as to enable them: - to withstand transport and handling, and - to arrive in satisfactory condition at the place of destination.
    [Show full text]
  • Internet & Jurisdiction and ECLAC Regional Status Report 2020
    2020 & INTERNET JURISDICTION AND ECLAC REGIONAL STATUS REPORT REGIONAL STATUS REPORT 2020 ECLAC AND INTERNET & JURISDICTION Thank you for your interest in this ECLAC publication ECLAC Publications Please register if you would like to receive information on our editorial products and activities. When you register, you may specify your particular areas of interest and you will gain access to our products in other formats. www.cepal.org/en/publications ublicaciones www.cepal.org/apps INTERNET & JURISDICTION AND ECLAC REGIONAL STATUS REPORT 2020 This report was commissioned by the Secretariat of the Internet & Jurisdiction Policy Network (I&JPN) and the United Nations Economic Commission for Latin America and the Caribbean (ECLAC), and was authored by Carlos Affonso Souza. The report represents the author’s best endeavour to map the current ecosystem and trends in Latin America and the Caribbean on the basis of desk research and stakeholder surveys and interviews. The completeness of the information cannot be guaranteed, however, as this report constitutes a first regional baseline with regard to the state of jurisdiction over the Internet. ECLAC and the I&JPN Secretariat are grateful for the financial and institutional support of the Deutsche Gesellschaft für Internationale Zusammenarbeit (GIZ), acting on behalf of the German Federal Ministry for Economic Cooperation and Development (BMZ), which enabled this report to be produced. The views expressed in this document are those of the authors and do not necessarily reflect the views of the
    [Show full text]
  • English, Eds., Development, Trade and the WTO: a Hand- Book
    ow can we help poor people earn more from their knowledge rather than from their sweat and muscle alone? Poor People’s H Knowledge: Promoting Intellectual Property in Developing Countries demonstrates how poor people in poor countries can increase their earnings from their own innovation, knowledge, and Public Disclosure Authorized creative skills. Case studies look at the African music industry, traditional crafts and ways to prevent counterfeit crafts designs, the activities of fair trade organizations, bioprospecting and the commercialization of ethnobotanical knowledge, and the use of intellectual property laws and other tools to protect traditional knowledge. Culture and commerce more often complement than conflict in the cases reviewed here. The contributors’ motivation is sometimes to maintain the art and culture of poor people; they recognize, however, that except in a museum setting, no traditional skill can live on unless it has a viable market. Public Disclosure Authorized The World Trade Organization Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) protects the knowledge that individuals and businesses in industrial countries own, poor people buy. This book looks at the other half of intellectual property, the knowledge that poor people in poor countries generate and have to sell to the rest of the world. Poor People’s Knowledge builds on legal, economic, and commercial analysis and should be of interest to student and scholars in these fields. More broadly, the book will interest anyone who wants to learn Public Disclosure Authorized how people in developing countries can incorporate their own intellectual property into their own development efforts and how they can find international markets for commercial applications of their cultural, intellectual, and traditional knowledge.
    [Show full text]
  • "Generic" Trademarks
    Linford: A Linguistic Justification for Protecting "Generic" Trademarks A LINGUISTIC JUSTIFICATION FOR PROTECTING “GENERIC” TRADEMARKS Jake Linford 17 YALE J.L. & TECH. 110 (2015) ABSTRACT A trademark is created when a new meaning is added to an existing word or when a new word is invented in order to identify the source of a product. This Article contends that trademark law fails in critical ways to reflect our knowledge of how words gain or lose meaning over time and how new meanings become part of the public lexicon, a phenomenon commonly referred to as semantic shift. Although trademark law traditionally turns on protecting consumers from confusing ambiguity, some of its doctrines ignore consumer perception in whole or in part. In particular, the doctrine of trademark incapacity—also known as the de facto secondary meaning doctrine—denies trademark protection to a term that was once a generic product designation, even if consumers now see the term primarily as a source-signifying trademark. Analyzing trademark acquisition through the lens of semantic shift sheds light on how the trademark incapacity doctrine misunderstands both the nature of language and the role of consumer perception in shaping trademark’s competition policy. Courts and scholars suggest that a generic term will rarely acquire source significance, and that even if it does, there are competitive, conceptual, and administrative grounds for denying trademark protection. The standard account is Assistant Professor of Law, Florida State University College of Law. My thanks to Jonas Anderson, Lisa Bernstein, Oren Bracha, Margaret Chon, Kevin Collins, Francie Crebs, Rebecca Eisenberg, Deborah Gerhardt, Eric Goldman, Timothy Green, Michael Grynberg, Laura Heymann, Justin Hughes, Steve Johnson, Anna Laakmann, Edward Lee, Wayne Logan, Irina Manta, Jonathan Masur, Mark McKenna, Peter Menell, Joseph Miller, Christina Mulligan, J.
    [Show full text]
  • Markmonitor Brand Protection Datasheet
    DATASHEET MarkMonitor Brand Protection Protect the Brand Equity and Customer Loyalty You’ve Built With millions of dollars invested in brand these growing threats, global enterprises must take development, companies can’t afford to stand by a holistic approach, pursuing multiple, integrated when those brands come under attack. Yet brands strategies to prevent threats from being launched, face a rapidly growing number of online threats detecting them quickly when they do arise, and which severely undermine marketing investments, responding with force to effectively limit damage and putting brand reputation, customer trust and discourage future attacks. revenue at risk. The Industry’s Most Robust Solution The tactics are diverse and widespread, often beginning for Protecting Brand Equity, Revenue when probable fraudsters use trademarks in deceitful and Reputation Online paid search ads, URLs, mobile apps, misleading MarkMonitor Brand Protection preserves key websites and spam email, in order to divert traffic to elements of your brand’s value—customer trust, competing or even illicit sites. Paid search scams as well loyalty, and the reputation on which they depend—by as SEO manipulation tactics enable likely fraudsters to assisting in the elimination of confusing and potentially claim affiliation where none exists or steer consumers fraudulent use of your brand online. Leveraging the to sales of potentially unauthorized or counterfeit industry’s widest access to online data sources and goods. continuously monitoring more digital channels than These online exploits can undo months or years of any other solution, it safeguards brand equity, Web investment in a brand, quickly taking marketing ROI into traffic, marketing investments, revenue and reputation negative territory, siphoning billions in revenues and from unauthorized channels, counterfeit sales, raising warranty, service, and other costs to legitimate cybersquatting, brand impersonation and other online brand owners.
    [Show full text]
  • Brand Protection and Counterfeit Enforcement Overview
    Brand Protection and Counterfeit Enforcement Overview Adduci, Mastriani & Schaumberg, LLP (AMS) utilizes a variety of tools to enforce our clients’ IP rights, including working with the appropriate government agencies, traditional litigation, as well as monitoring, identifying, and seeking take-down of illegitimate product listings and websites. Enforcement following ITC Investigations AMS has extensive experience in enforcement of ITC remedial orders: we guide clients through the enforcement phase following the issuance of an exclusion order, working with U.S. Customs and Border Protection (Customs) to achieve effective strategies to enforce ITC remedial orders and/or to minimize the disruption those orders cause. Our individualized, hands-on approach adapts to the ever-changing legal landscape surrounding enforcement of ITC exclusion orders. We assist IP owners in ensuring that infringing products are excluded from entry into the United States, including seeking formal rulings of infringement from CBP or the ITC, where appropriate. We assist importers in ensuring that non-infringing products are permitted entry into the United States, including seeking rulings by Customs regarding non-infringement of a redesign and/or ensuring that products that are not covered by exclusion orders are permitted entry without disruption of legitimate trade. Brand Protection and IP Enforcement Intellectual property protection and enforcement of brand-name products is increasingly complex as the majority of retail purchasing now takes place online. Manufacturers of counterfeits and deceptive knock-offs exploit algorithms to attract customers with prominent placement in search results or fake websites that are virtually indistinguishable from the real thing. Even the most vigilant IP owners often find themselves struggling to get ahead of a seemingly endless flow of illegitimate products.
    [Show full text]
  • 2019 Special 301 Report
    2019 Special 301 Report APRIL 2019 ACKNOWLEDGEMENTS The Office of the United States Trade Representative (USTR) is responsible for the preparation of this Report. United States Trade Representative Robert Lighthizer gratefully acknowledges the contributions of staff to the writing and production of this Report and extends his thanks to partner agencies, including the following Departments and agencies: State; Treasury; Justice; Agriculture; Commerce, including the International Trade Administration and the Patent and Trademark Office; Labor; Health and Human Services, including the Food and Drug Administration; Homeland Security, including Customs and Border Protection, Immigration and Customs Enforcement, and the National Intellectual Property Rights Coordination Center; and the United States Agency for International Development. USTR also recognizes the contributions of the Office of the Intellectual Property Enforcement Coordinator, as well as those of the United States Copyright Office. In preparing the Report, substantial information was solicited from U.S. embassies around the world, from U.S. Government agencies, and from interested stakeholders. The draft of this Report was developed through the Special 301 Subcommittee of the interagency Trade Policy Staff Committee. TABLE OF CONTENTS EXECUTIVE SUMMARY .................................................................................................................................. 5 SECTION I: Developments in Intellectual Property Rights Protection, Enforcement, and Related Market
    [Show full text]
  • Medical Cannabis Recreational Cannabis What's Being Patented?
    CBD & Trademarks Lawful Use in Commerce Kieran Doyle- Partner, Cowan, Liebowitz & Latman RADAR DETECTORS; FOR: DETONATING FIREWORKS; FIREWORK FOUNTAINS; FIREWORKS: FIREWORKS IN SHELL FORMS, IN CLASS 13 FOR: LEGAL PROSTITUTION SERVICES IN CLASS 45 CLEAR THE MARK Rely on Common Law Rights State Applications VAPOR ROOM Medical marijuana dispensary Register the Copyright in the Designs Register Around The Edges allbud Providing a website for commercial purposes featuring ratings, reviews, referrals, information and recommendations relating to businesses, service providers, events and products in the medical marijuana industry CBD and Trademarks Brand Protection Strategies for CBD Sarah E. Bro - Partner, McDermott Will & Emery LLP CBD and Trademarks • CBD - short for cannabidiol • One of over 100 cannabinoids found in the hemp plant • CBD, unlike THC, is non-psychoactive CBD and Trademarks • Use of a trademark in commerce must be lawful under federal law to be the basis for federal registration under the U.S. Trademark Act • Cannabis remains a Schedule I controlled substance under the federal Controlled Substances Act (CSA) • U.S. trademark applications listing cannabis-based goods or services must still be refused registration by the United States Patent and Trademark Office (USPTO) CBD and Trademarks • With the passage of the 2018 Farm Bill, the federal government removed “hemp” from the CSA’s definition of marijuana • Cannabis plants and derivatives such as CBD that contain less than 0.3% THC are no longer controlled substances under the
    [Show full text]