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Preventative Measures To Avoid Brandjacking

When an individual or group misappropriates a company’s brand identity and uses it for financial gain or malicious sabotage, it’s considered brandjacking. A lot of brandjacking schemes include tactics such as phishing links that lead to websites with embedded malware, setting up shops to sell inferior products under a stolen brand name, and cybersquatting. Cybersquatting is when brandjackers register domain names similar to another company’s to divert traffic. They may also use pilfered digital assets to lure your existing and prospective clients and customers to these cloned websites.

You could lose revenue and suffer reputational damage if your brand is highjacked. Keeping your eyes and ears open is one of the best ways to avoid brandjacking.

Protect Your Reputation & Assets

Vigilance starts with monitoring online chatter about your brand. Invest in monitoring tools, such as those offered by Google Alerts, Reputation, and BrandMentions, to look for online references to your company. Pay attention to both positive and negative commentary. If you discover something strange or suspicious, investigate immediately.

Also protect your domain name. Criminals sometimes register look-alike domain names and then establish competing websites. To prevent this, register variations — including common misspellings — of your domain name and consider purchasing other domain extensions (for example, .biz, .co, .org, and .us).

And, of course, good cybersecurity is critical. At a minimum, your business needs firewalls, antivirus software, malware scanners, intrusion detection tools, and multifactor authentication. Consider consulting with cybersecurity and fraud experts to help ensure you’ve fortified all potential weak links. In addition, require employees to change their passwords frequently and train them to exercise caution when opening emails and clicking on links and attachments.

Use Legal Tools

You might want to register your company’s trademark with the U.S. Patent and Trademark Office and, if you conduct business internationally, use the World Intellectual Property Organization’s Madrid System to seek protection in other countries. Doing so won’t stop a determined criminal from compromising your brand, but it can provide you with legal recourse.

If you’re brandjacked (or you simply suspect brandjacking), contact your attorney immediately. Lawsuits can prove expensive and time consuming, yet legal action is the most practical and effective approach in some circumstances. Attorneys who specialize in intellectual property may be able to advise you on protecting your brand online.

Also immediately inform stakeholders of any security breaches or widespread brand impersonation, such as fake websites or phishing emails. Doing so helps protect customers, clients, and suppliers from fraud and allows them to support your response by reporting suspicious uses of your brand.

Rebranding As A Last Resort

Rebranding is rarely necessary. But in situations where your brand is significantly compromised, and other remedies fail, you may want to consider it. While rebranding can require substantial time and financial resources, it could also reinvigorate your marketing efforts and give you an opportunity to reconnect with customers. Just make sure you’ve fully protected your new brand before you relaunch. For questions about brandjacking and keeping your assets safe from fraudsters, contact us.

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Mike Nelson, CPA, CFE, CVA | Manager
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