[add logo of sponsor] SCAMS, SCHEMES, AND SPOOFS: ONLINE BRAND PROTECTION ISSUES January 21, 2015 Anaheim, California Sponsored by KNOBBE MARTENS Panelists Katherine McGowan, Trademark/Advertising Counsel LinkedIn and Susan Natland.
Download ReportTranscript [add logo of sponsor] SCAMS, SCHEMES, AND SPOOFS: ONLINE BRAND PROTECTION ISSUES January 21, 2015 Anaheim, California Sponsored by KNOBBE MARTENS Panelists Katherine McGowan, Trademark/Advertising Counsel LinkedIn and Susan Natland.
[add logo of sponsor] SCAMS, SCHEMES, AND SPOOFS: ONLINE BRAND PROTECTION ISSUES January 21, 2015 Anaheim, California Sponsored by KNOBBE MARTENS Panelists Katherine McGowan, Trademark/Advertising Counsel LinkedIn and Susan Natland & Jeff Van Hoosear, Partners Knobbe Martens #IHCC15 #IHCC12 2015 ACC-SoCal In-House Counsel Conference 1 Insert Sponsor Logo here Scams, Schemes, and Spoofs Dear Sir: I have been requested by the Nigerian National Petroleum Company to contact you for assistance in resolving a matter. The Nigerian National Petroleum Company has recently concluded a large number of contracts for oil exploration in the sub-Sahara region….. In exchange for your accommodating services, the Nigerian National Petroleum Company would agree to allow you to retain 10%, or US$4 million of this amount… However, to be a legitimate transferee of these moneys according to Nigerian law, you must presently be a depositor of at least US$100,000 in a Nigerian bank which is regulated by the Central Bank of Nigeria… Time is of the essence in this matter… Yours truly, Legitimate (Really) Nigerian Prince #IHCC15 2015 ACC-SoCal In-House Counsel Conference 090701_2 2 Insert Sponsor Logo here Scams, Schemes, and Spoofs Types of Scams: – – – – – – Phishing Pharming Spoofing Counterfeits/Fakes Grey Market Cybersquatting/Typosquatting – Domains/Keywords – Malware/Spam #IHCC15 2015 ACC-SoCal In-House Counsel Conference 090701_3 3 Insert Sponsor Logo here Scams, Schemes, and Spoofs – Consumer Fraud Counterfeits/Fakes Grey Market Pharming/Phishing – Brand Misuse Brandjacking PPC Abuse SEO Abuse – Domain Misuse Cybersquatting Typosquatting Domains/Keyword Scams #IHCC15 2015 ACC-SoCal In-House Counsel Conference 090701_4 4 Insert Sponsor Logo here Scams, Schemes, and Spoofs Online Brand Protection Issues – U.S. e-commerce sales were $263B in 2013* – Expected to increase to $414B by 2018* * U.S. E-commerce Forecast, 2013 To 2018, Forrester Research, Inc. http://www.forrester.com/ #IHCC15 2015 ACC-SoCal In-House Counsel Conference 090701_5 5 Insert Sponsor Logo here Scams, Schemes, and Spoofs PHISHING: Sending an e-mail falsely claiming to be a legitimate enterprise in an attempt to trick the user into surrendering private information – Check URL Check Whois information Contact domain registrar? https://urlquery.net/ #IHCC15 2015 ACC-SoCal In-House Counsel Conference 090701_6 6 Insert Sponsor Logo here urlQuery.net – a service for detecting and analyzing web-based malware. It provides detailed information about the activities a browser does while visiting a site and presents the information for further analysis. #IHCC15 2015 ACC-SoCal In-House Counsel Conference 090701_7 7 Insert Sponsor Logo here Scams, Schemes, and Spoofs #IHCC15 2015 ACC-SoCal In-House Counsel Conference 090701_8 8 Insert Sponsor Logo here Scams, Schemes, And Spoofs PHARMING: A legitimate site is copied exactly and victims are directed to forms that collect private information – Malware – Spam #IHCC15 2015 ACC-SoCal In-House Counsel Conference 090701_9 9 Insert Sponsor Logo here Scams, Schemes, and Spoofs Pharming makes use of the DNS (Domain Name Servers) A user can enter the correct URL and still be redirected to fake/scam site Pharming allows for targeting large groups of people at one time High risk of malware #IHCC15 2015 ACC-SoCal In-House Counsel Conference 090701_10 10 Insert Sponsor Logo here Scams, Schemes, and Spoofs #IHCC15 2015 ACC-SoCal In-House Counsel Conference 090701_11 11 Insert Sponsor Logo here Scams, Schemes, and Spoofs SPOOFING: Creating an email or a website with the intention of misleading CYBERSQUATTING: Brand names used within a domain TYPOSQUATTING: Misspelled brand names used within a domain #IHCC15 2015 ACC-SoCal In-House Counsel Conference 090701_12 12 Insert Sponsor Logo here Scams, Schemes, and Spoofs – Why does “spoofing” work? – Understanding consumer behavior/preferences bargain (cheaper) vs. fake (cheap) #IHCC15 2015 ACC-SoCal In-House Counsel Conference 090701_13 13 Insert Sponsor Logo here Scams, Schemes, and Spoofs – Understanding consumer behavior/preferences bargain (cheaper) vs. fake (cheap) #IHCC15 2015 ACC-SoCal In-House Counsel Conference 090701_14 14 Insert Sponsor Logo here Scams, Schemes, and Spoofs Bargain Shoppers – Looking for genuine goods – Deceived by counterfeit sites Similar domains (cybersquatters/typosquatters) Use of Trademarks/Logos Use of Photos/Descriptions “Plausible” price points #IHCC15 2015 ACC-SoCal In-House Counsel Conference 090701_15 15 Insert Sponsor Logo here Scams, Schemes, and Spoofs Since 2010, “Operation in Our Sites” has seized over 1000 domain names Project Copy Cat in 2012 targeted “fake sites” – Counterfeit Goods – Identity Theft http://www.ice.gov/factsheets/ipr-in-our-sites #IHCC15 2015 ACC-SoCal In-House Counsel Conference 090701_16 16 Insert Sponsor Logo here Scams, Schemes, and Spoofs Fake domain name: Wallmatt.com Real domain name: Walmart.com Fake: Appple.com Real: Apple.com Fake: BestBuyh.com Real: Bestbuy.com Fake: Fashiomworld.co.uk Real: Fashionworld.co.uk Fake: Sportsdierct.com Real: Sportsdirect.com Fake: Wurbanotfitters.co.uk Real: Urbanoutfitters.co.uk #IHCC15 2015 ACC-SoCal In-House Counsel Conference 090701_17 17 Insert Sponsor Logo here Scams, Schemes, and Spoofs National Intellectual Property Rights Coordination Center http://www.iprcenter.gov/ #IHCC15 2015 ACC-SoCal In-House Counsel Conference 090701_18 18 Insert Sponsor Logo here Scams, Schemes, and Spoofs louisvuittononlineoutletus.com officialsanfrancisco49ers.com originalbeatsbydre.com #IHCC15 2015 ACC-SoCal In-House Counsel Conference 090701_19 19 Scams, Schemes, and Spoofs beatsbydre? beatsbydre? 090701_20 20 Insert Sponsor Logo here Scams, Schemes, and Spoofs #IHCC15 2015 ACC-SoCal In-House Counsel Conference 090701_21 21 Insert Sponsor Logo here Scams, Schemes, and Spoofs Online Brand Protection – Domains/Keywords – Impact of New (300+) gTLDs? ___.company ___.business ___.services – Domains bargain-related terms ____outletstore.com or discount_____.com trust-related terms original____.com or official_____.com – Keywords “discount” or “outlet” “official” or “original” #IHCC15 2015 ACC-SoCal In-House Counsel Conference 090701_22 22 Insert Sponsor Logo here Scams, Schemes, And Spoofs Domain resources – Domain management services – In-house resources – Free resources #IHCC15 2015 ACC-SoCal In-House Counsel Conference 090701_23 23 Insert Sponsor Logo here Scams, Schemes, and Spoofs Domain Name/Keyword Scams – Fraudulent offers E-mail Urgency Misleading Fine print #IHCC15 2015 ACC-SoCal In-House Counsel Conference 090701_24 24 Insert Sponsor Logo here Scams, Schemes, and Spoofs From: S***y Y****g [mailto:s****y@d****.cn] Sent: Tuesday, September 24, 2013 12:21 AM To: Brent.Babcock Subject: Urgent:Brand name knobbe Dispute Importance: High (Letter to Head of Brand Business or CEO, thanks) Dear Sir or Madam, This is a formal email. We are the department of Asian Domain Registration Service in China. Here I have something to confirm with you. We formally received an application on September 23, 2013 that a company claimed "Ling Industrial Co. Ltd" were applying to register "knobbe" as their Brand Name and some knobbe Asian countries top-level domain names through our firm. Now we are handling this registration, and after our initial checking, we found the name were similar to your company's, so we need to check with you whether your company has authorized that company to register these names. If you authorized this, we would finish the registration at once. If you did not authorize, please let us know within 7 workdays, so that we could handle this issue better. After the deadline we will unconditionally finish the registration for "Ling Industrial Co. Ltd". Looking forward to your prompt reply. Best Regards, S***y Y***g Senior Consultant Address:No.124 Changjiang Road,Hefei 230001,Anhui,China Tel: (+86) 739-******9 Fax:(+86) 739-******9 #IHCC15 2015 ACC-SoCal In-House Counsel Conference 090701_25 25 Insert Sponsor Logo here Scams, Schemes, and Spoofs Attention: Important Notice ATT: AUSTINROSE.US ADMINISTRATIVE CONTACT AUSTINROSE.US [email protected] AUSTINROSE.US Please ensure that your contact information is correct or make the necessary changes above DOMAIN SERVICE NOTICE Domain Name: AUSTINROSE.US Search Engine Submission Pay By June 15,2014 PART I: REVIEW SOLICITATION Attn: AUSTINROSE.US As a courtesy to domain name holders, we are sending you this notification for your business Domain name search engine registration. This letter is to inform you that it's time to send in your registration and save. Failure to complete your Domain name search engine registration by the expiration date may result in cancellation of this offer making it difficult for your customers to locate you on the web. Privatization allows the consumer a choice when registering. Search engine subscription includes domain name search engine submission. You are under no obligation to pay the amounts stated below unless you accept this offer. Do not discard, this notice is not an invoice it is a courtesy reminder to register your domain name search engine listing so your customers can locate you on the web. This Notice for: will expire on June 15,2014 Act today! DETAIL OF SERVICE: ANNUAL WEBSITE SEARCH ENGINE SUBMISSION FOR DOMAIN NAME AUSTINROSE.US #IHCC15 2015 ACC-SoCal In-House Counsel Conference 090701_26 26 Insert Sponsor Logo here Scams, Schemes, and Spoofs U.S. Trademark Scams – http://www.uspto.gov/trademarks/solicitation_warnings .jsp – 26 Examples European Trademark Scams – https://oami.europa.eu/ohimportal/en/misleadinginvoices – 63 Examples INTA Task Force addressing issue #IHCC15 2015 ACC-SoCal In-House Counsel Conference 090701_27 27 Insert Sponsor Logo here Scams, Schemes, and Spoofs #IHCC15 2015 ACC-SoCal In-House Counsel Conference 090701_28 28 Insert Sponsor Logo here Scams, Schemes, and Spoofs Scam Prevention Tips: – Give your accounting department a heads up Filing/Publication/Registration WIPO exception – Provide links to official sites for examples – Read the “fine print” – When in doubt – confer with counsel #IHCC15 2015 ACC-SoCal In-House Counsel Conference 090701_29 29 Insert Sponsor Logo here Scams, Schemes, and Spoofs Grey Market Issues – Manufactured or sold abroad and imported into the US – Refurbished – – – – – Diverted/Theft Warranty/Repair Expired Regulatory Requirements Trademark law vs. Copyright law #IHCC15 2015 ACC-SoCal In-House Counsel Conference 090701_30 30 Insert Sponsor Logo here Scams, Schemes, and Spoofs Fakes – Fake Goods/Counterfeits – Fake Coupons/Discounts – Fake Vouchers/Gift Cards #IHCC15 2015 ACC-SoCal In-House Counsel Conference 090701_31 31 Insert Sponsor Logo here Scam, Schemes, and Spoofs #IHCC15 2015 ACC-SoCal In-House Counsel Conference 090701_32 32 Insert Sponsor Logo here Scams, Schemes, and Spoofs Resource: Coupon Information Center a not-for-profit association of consumer product manufacturers dedicated to fighting coupon misredemption and fraud http://www.couponinformationcenter.com/index.php #IHCC15 2015 ACC-SoCal In-House Counsel Conference 090701_33 33 Insert Sponsor Logo here Scams, Schemes, and Spoofs “Non-actionable Spoofs” #IHCC15 2015 ACC-SoCal In-House Counsel Conference 090701_34 34 Insert Sponsor Logo here Scams, Schemes, and Spoofs #IHCC15 2015 ACC-SoCal In-House Counsel Conference 090701_35 35 Insert Sponsor Logo here Scams, Schemes, and Spoofs #IHCC15 2015 ACC-SoCal In-House Counsel Conference 090701_36 36 Insert Sponsor Logo here Scams, Schemes, and Spoofs Fakes: – – – – – Followers Profiles Likes Reviews Accounts #IHCC15 2015 ACC-SoCal In-House Counsel Conference 090701_37 37 Insert Sponsor Logo here Scams, Schemes, and Spoofs #IHCC15 2015 ACC-SoCal In-House Counsel Conference 090701_38 38 Insert Sponsor Logo here Scams, Schemes, and Spoofs #IHCC15 2015 ACC-SoCal In-House Counsel Conference 090701_39 39 Insert Sponsor Logo here Scams, Schemes, and Spoofs Avepoint v. Axceler – Fake Avepoint employee profile Jim Chung (Chinese) Created by Axceler sales executive Axceler “tweets” about Jim Chung Causes of action – Trademark infringement – False association/endorsement – False advertising #IHCC15 2015 ACC-SoCal In-House Counsel Conference 090701_40 40 Insert Sponsor Logo here Scams, Schemes, and Spoofs LinkedIn Tips on Scams: – Only connect with people you know – Don’t trust InMail communication for “too-good-to-betrue” opportunities #IHCC15 2015 ACC-SoCal In-House Counsel Conference 090701_41 41 Insert Sponsor Logo here Scams, Schemes, and Spoofs #1 Educate your consumer in order to identify fakes and to combat counterfeit sales #2 Use free/low cost services to monitor your trademarks and domain names for abuses and unauthorized activity and more sophisticated services as necessary #3 Be ready to contact search engines and social media sites for immediate resolution of unauthorized use #4 Be aggressive against counterfeiters #5 Alert your accounting department on scams and fake invoices #6 Engage law enforcement in appropriate cases #IHCC15 2015 ACC-SoCal In-House Counsel Conference 090701_42 42 11th Annual In-House Counsel Conference January 21, 2015 (Anaheim, CA) www.acc.com/chapters/socal/ #IHCC15 43 000000_43