How to defend your brands on the internet?

Contrary to popular belief, the Internet is not a lawless zone. If you notice an infringement of your rights online, you must react. French and European legislators have also put in place mechanisms to fight against it, which allow you to defend your trademarks in particular. The first step is to characterize the infringement of your trademarks, and then act to stop it.

Trademark counterfeiting online

Infringement of your rights on the Internet can take several forms: it can be a resale of your products by an unauthorized third party, an imitation of your products or services, but also the use of your trademark for products that are not yours. Although each of these uses may constitute an infringement, the qualification is not automatic. In some cases, a likelihood of confusion must be established. For example, if the products concerned are only similar to yours. Other cases are not easy to decide: this is the case when your trademark has been bought as a keyword in a Google ad, or even in a of the cybersquatting business. Counterfeiting will therefore not be systematically proven. And it will not always be possible to take action against the third party using your trademark. Thus, a litigious content published on the Internet can be prosecuted in France, if it can be consulted in France and in the French language, or if it affects the interests of a person living in France. If you believe that your trademark is being infringed, you should obtain evidence. If you have the means to do so, call in an industrial property attorney or a bailiff. Otherwise, take dated screenshots that establish the suspected infringement. Once the infringement has been identified, it is time to stop the infringement. First of all, you must contact the publisher and the host of the site.

The responsibility of the publisher and the host in case of counterfeiting

The publisher is the person or company that operates the website. As such, the publisher has an obligation to monitor the site, and may be held liable for any illegal content disseminated on it. The identity of the publisherand a means of contact, must be indicated in the "legal notices" of the site.. Unfortunately, it happens that this information is not accessible. If you are unable to contact the publisher, you should contact the hosting company. Unlike the publisher, the host has no knowledge of the published content. They simply store it. Despite this technical role, the host has obligations. Once informed, he must act promptly to remove or make impossible the access to the illicit content. It is therefore advisable to notify him as soon as possible of any infringement of your rights. The host can be found by consulting the Whois of the website concerned. In the case of hosting platforms (Le Bon Coin, Amazon, Facebook, etc.), there is usually a reporting form. To save time, attach proof of your rights, i.e. a copy of your trademark certificate, to your application.

Our advice to protect your rights on the internet

Finally, it is not necessary to have a trademark to act against a problematic internet publication. However, the fact of owning an industrial property right generally makes it possible to stop the infringement more quickly. Amazon offers additional services to brand owners, such as. Moreover, the fact of having a registered trademark can be used to characterize the bad faith of the counterfeiter. Therefore, to fight more effectively against counterfeiting on the Internet, register your trademarks with the help of a professional agent.