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Webinar | March 28, 2013


   Counterfeit Sales: What Are You
   Doing About It?
   David Howell
   Director, Brand Protection
   Channel IQ
                                                                                                                       Channel IQ
                                                                                                350 W Ontario St, 6th & 7th Floors
                                                                                                                Chicago, IL 60654
             #CIQBP                                                                                                 312.846.1199
                                                                                                            www.channeliq.com
Webinar | Counterfeit Sales: What Are You Doing About It?| March 28, 2013 | © 2013 Channel IQ               Tweet It: #CIQBP
David Howell
                                            Director, Global Brand Protection
                                            Channel IQ

                                           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.




                                                                      2

Webinar | Counterfeit Sales: What Are You Doing About It?| March 28, 2013 | © 2013 Channel IQ     Tweet It: #CIQBP
The Counterfeit Sale!
     Today’s Topics:



    • 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.

                                                                      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?

    • 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



                                                                      4

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


    • If it’s manufactured, it’s counterfeited.




                                                                      5

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


    •     Diversion of sales
    •     Loss of market share
    •     Health and Safety risks to consumers
    •     Decrease in reputation and brand value
    •     Possible Liability issues




                                                                      6

Webinar | Counterfeit Sales: What Are You Doing About It?| March 28, 2013 | © 2013 Channel IQ   Tweet It: #CIQBP
The Counterfeit Problem
    Global Trade Impact




                                                                                                 Source: dhs.gov




                                                                      7

Webinar | Counterfeit Sales: What Are You Doing About It?| March 28, 2013 | © 2013 Channel IQ   Tweet It: #CIQBP
The Counterfeit Problem
    A Quick Poll



                 What is the Most Frequently
               Counterfeited Product Category?




                                                                      8

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




                       clothing           multimedia        pharmaceuticals              shoes   electronics


                       8%                   9%                    9%                    14%       22%

                                                                      9

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




                                                                                 All designated trademarks and brands are the property of their respective owners.



                                                                      10

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




                                                                                 All designated trademarks and brands are the property of their respective owners.



                                                                      11

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




                                                                                 All designated trademarks and brands are the property of their respective owners.



                                                                      13

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!




                                                                                                Source: Alibaba.com



                                                                      14

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




                                                                                                Source: MonsterCable.com



                                                                      16

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)

    • Register Trademarks for your brands
    • Most business mistakenly skip foreign TM registrations.
    • Trademarks are central to any enforcement strategy.




                                                                      26

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

    •     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




                                                                      27

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?


    •     Global Marketplaces
    •     Typo Domain Names
    •     Cybersquatting
    •     Online auctions
    •     Social Media
    •     Paid search ads




                                                                      28

Webinar | Counterfeit Sales: What Are You Doing About It?| March 28, 2013 | © 2013 Channel IQ   Tweet It: #CIQBP
How to Enforce Counterfeit Sales
    How to begin implementation?

    •     Secure appropriate domain registrations
    •     Purchase both Gtlds and Cctlds as needed
    •     Identify and Recover Typographical domain names
    •     Proactive, is far cheaper than reactive, posturing




                                                                      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

    • 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




                                                                      30

Webinar | Counterfeit Sales: What Are You Doing About It?| March 28, 2013 | © 2013 Channel IQ   Tweet It: #CIQBP
How to Enforce Counterfeit Sales
    Next steps to take?

    •     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




                                                                      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?

    •     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.


                                                                      32

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

    • 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




                                                                      33

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

    • 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



                                                                      34

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!!!




                                                                                                Source: businessweek.com



                                                                      35

Webinar | Counterfeit Sales: What Are You Doing About It?| March 28, 2013 | © 2013 Channel IQ                   Tweet It: #CIQBP
Thank You

   Questions?



   March 28, 2013


   Counterfeit & Gray Market Sales:
   What Are You Doing About It?
   David Howell
   Director, Brand Protection, Channel IQ
   dhowell@channeliq.com
                                                                                                                       Channel IQ
                                                                                                350 W Ontario St, 6th & 7th Floors
                                                                                                                Chicago, IL 60654
             #CIQBP                                                                                                 312.846.1199
                                                                                                            www.channeliq.com
Webinar | Counterfeit Sales: What Are You Doing About It?| March 28, 2013 | © 2013 Channel IQ               Tweet It: #CIQBP

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Counterfeit Sales: What are You Doing About It?

  • 1. Webinar | March 28, 2013 Counterfeit Sales: What Are You Doing About It? David Howell Director, Brand Protection Channel IQ Channel IQ 350 W Ontario St, 6th & 7th Floors Chicago, IL 60654 #CIQBP 312.846.1199 www.channeliq.com Webinar | Counterfeit Sales: What Are You Doing About It?| March 28, 2013 | © 2013 Channel IQ Tweet It: #CIQBP
  • 2. David Howell Director, Global Brand Protection Channel IQ 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. 2 Webinar | Counterfeit Sales: What Are You Doing About It?| March 28, 2013 | © 2013 Channel IQ Tweet It: #CIQBP
  • 3. The Counterfeit Sale! Today’s Topics: • 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. 3 Webinar | Counterfeit Sales: What Are You Doing About It?| March 28, 2013 | © 2013 Channel IQ Tweet It: #CIQBP
  • 4. The Counterfeit Problem What is a Counterfeit? • 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 4 Webinar | Counterfeit Sales: What Are You Doing About It?| March 28, 2013 | © 2013 Channel IQ Tweet It: #CIQBP
  • 5. The Counterfeit Problem If it’s manufactured, be assured it’s counterfeited • If it’s manufactured, it’s counterfeited. 5 Webinar | Counterfeit Sales: What Are You Doing About It?| March 28, 2013 | © 2013 Channel IQ Tweet It: #CIQBP
  • 6. Why are Counterfeits so Detrimental? Counterfeiting is devastating to Manufacturers • Diversion of sales • Loss of market share • Health and Safety risks to consumers • Decrease in reputation and brand value • Possible Liability issues 6 Webinar | Counterfeit Sales: What Are You Doing About It?| March 28, 2013 | © 2013 Channel IQ Tweet It: #CIQBP
  • 7. The Counterfeit Problem Global Trade Impact Source: dhs.gov 7 Webinar | Counterfeit Sales: What Are You Doing About It?| March 28, 2013 | © 2013 Channel IQ Tweet It: #CIQBP
  • 8. The Counterfeit Problem A Quick Poll What is the Most Frequently Counterfeited Product Category? 8 Webinar | Counterfeit Sales: What Are You Doing About It?| March 28, 2013 | © 2013 Channel IQ Tweet It: #CIQBP
  • 9. Top Counterfeit Goods Top 5 Counterfeited Goods clothing multimedia pharmaceuticals shoes electronics 8% 9% 9% 14% 22% 9 Webinar | Counterfeit Sales: What Are You Doing About It?| March 28, 2013 | © 2013 Channel IQ Tweet It: #CIQBP
  • 10. Top Counterfeit Goods Most recognizable Counterfeited goods All designated trademarks and brands are the property of their respective owners. 10 Webinar | Counterfeit Sales: What Are You Doing About It?| March 28, 2013 | © 2013 Channel IQ Tweet It: #CIQBP
  • 11. Top Counterfeit Brands The top 10 brands counterfeited All designated trademarks and brands are the property of their respective owners. 11 Webinar | Counterfeit Sales: What Are You Doing About It?| March 28, 2013 | © 2013 Channel IQ Tweet It: #CIQBP
  • 12. 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
  • 13. Where Are These Counterfeits Being Sold? Top Global Marketplaces All designated trademarks and brands are the property of their respective owners. 13 Webinar | Counterfeit Sales: What Are You Doing About It?| March 28, 2013 | © 2013 Channel IQ Tweet It: #CIQBP
  • 14. The Alibaba Phenomenon The Alibaba Group is Amazon.com & Ebay.com into ONE! Source: Alibaba.com 14 Webinar | Counterfeit Sales: What Are You Doing About It?| March 28, 2013 | © 2013 Channel IQ Tweet It: #CIQBP
  • 15. 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
  • 16. The Alibaba Phenomenon Monster Beat’s © Headphones as an example Source: MonsterCable.com 16 Webinar | Counterfeit Sales: What Are You Doing About It?| March 28, 2013 | © 2013 Channel IQ Tweet It: #CIQBP
  • 17. The Alibaba Phenomenon Alibaba.com 17 Webinar | Counterfeit Sales: What Are You Doing About It?| March 28, 2013 | © 2013 Channel IQ Tweet It: #CIQBP
  • 18. 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
  • 19. 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
  • 20. 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
  • 21. The Alibaba Phenomenon AliExpress.com 21 Webinar | Counterfeit Sales: What Are You Doing About It?| March 28, 2013 | © 2013 Channel IQ Tweet It: #CIQBP
  • 22. 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
  • 23. 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
  • 24. 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
  • 25. 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
  • 26. How to Enforce Counterfeit Sales Register Key Trademarks (Brands) • Register Trademarks for your brands • Most business mistakenly skip foreign TM registrations. • Trademarks are central to any enforcement strategy. 26 Webinar | Counterfeit Sales: What Are You Doing About It?| March 28, 2013 | © 2013 Channel IQ Tweet It: #CIQBP
  • 27. How to Enforce Counterfeit Sales Domain (brand) and infringer strategy • 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 27 Webinar | Counterfeit Sales: What Are You Doing About It?| March 28, 2013 | © 2013 Channel IQ Tweet It: #CIQBP
  • 28. How to Enforce Counterfeit Sales Where to look for infringement online? • Global Marketplaces • Typo Domain Names • Cybersquatting • Online auctions • Social Media • Paid search ads 28 Webinar | Counterfeit Sales: What Are You Doing About It?| March 28, 2013 | © 2013 Channel IQ Tweet It: #CIQBP
  • 29. How to Enforce Counterfeit Sales How to begin implementation? • Secure appropriate domain registrations • Purchase both Gtlds and Cctlds as needed • Identify and Recover Typographical domain names • Proactive, is far cheaper than reactive, posturing 29 Webinar | Counterfeit Sales: What Are You Doing About It?| March 28, 2013 | © 2013 Channel IQ Tweet It: #CIQBP
  • 30. How to Enforce Counterfeit Sales Actively Monitor for Online Counterfeits • 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 30 Webinar | Counterfeit Sales: What Are You Doing About It?| March 28, 2013 | © 2013 Channel IQ Tweet It: #CIQBP
  • 31. How to Enforce Counterfeit Sales Next steps to take? • 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 31 Webinar | Counterfeit Sales: What Are You Doing About It?| March 28, 2013 | © 2013 Channel IQ Tweet It: #CIQBP
  • 32. How to Enforce Counterfeit Sales What outlets exist for dispute escalation? • 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. 32 Webinar | Counterfeit Sales: What Are You Doing About It?| March 28, 2013 | © 2013 Channel IQ Tweet It: #CIQBP
  • 33. How to Enforce Counterfeit Sales Implementing Anti-counterfeiting Techniques • 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 33 Webinar | Counterfeit Sales: What Are You Doing About It?| March 28, 2013 | © 2013 Channel IQ Tweet It: #CIQBP
  • 34. How to Enforce Counterfeit Sales Work with Experienced Brand Protection • 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 34 Webinar | Counterfeit Sales: What Are You Doing About It?| March 28, 2013 | © 2013 Channel IQ Tweet It: #CIQBP
  • 35. Just Keep in Mind You don’t have to be the top brands in the world!!! Source: businessweek.com 35 Webinar | Counterfeit Sales: What Are You Doing About It?| March 28, 2013 | © 2013 Channel IQ Tweet It: #CIQBP
  • 36. Thank You Questions? March 28, 2013 Counterfeit & Gray Market Sales: What Are You Doing About It? David Howell Director, Brand Protection, Channel IQ dhowell@channeliq.com Channel IQ 350 W Ontario St, 6th & 7th Floors Chicago, IL 60654 #CIQBP 312.846.1199 www.channeliq.com Webinar | Counterfeit Sales: What Are You Doing About It?| March 28, 2013 | © 2013 Channel IQ Tweet It: #CIQBP