Fastlane’s brand monitoring plans are devised and managed in consultation with colleagues at Lane IP, tailored to your existing rights, threats faced, your budget and requirements. State-of-the-art watching tools, coupled with pervasive human interrogation and analysis, identifies parties misusing your mark(s) online.
Fastlane provides the following brand protection services on either a standalone basis or as part of a plan.
Website Content Watch
Website Content watch is designed to facilitate a targeted approach to monitor whether action is required or not. Whether a domain is a new registration and we wait to see if infringing content is published or an existing domain that may have already complied to a cease and desist request, our monitoring system can notify us automatically if new content is published or a previously removed page is republished.
Our experts will review the flagged content and decide if further action is warranted. Once in place our content watch service is able to monitor multiple domains found by our Domain Registration Watch, detected by our experts or reported by the client.
Domain Name Watch
Fastlane’s domain watch service automates the daily monitoring of registered domains containing your brand. Many registered domains will be by third parties looking to capitalise on your brand name to market their own products or to market counterfeit products mimicking your own. The data is reviewed by one of our in-house experts and domains that propose a significant risk are highlighted on a consolidated monthly client report.
Company Watch
Fastlane identifies newly incorporated companies in the UK and internationally which may be infringing on your mark brand. Similarly, with new trade mark application, the ideal time to challenge the name of a company that conflicts with your own is when it is first registered. This will be included in a monthly report.
Marketplace Watch
Monitors online auction and sales sites for listings that contain your brands, and notifies you daily of new offers for sale. Our Basic service includes eBay, Alibaba, Amazon, Taobao and Trademe. Custom auction/sales sites can be added on request (additional fee). There are more and more online marketplaces on which sellers can quickly and relatively anonymously sell infringing goods.
Social Media Watch
An affordable way to obtain relevant info regarding the use of your brand in the Social Media world. You get pertinent information such as usernames, profile info and more. Coverage includes Facebook, Twitter, Linked In, Pinterest, Instagram and YouTube. Our social media monitoring service provides you with important information about the use of your brand on all relevant social media platforms.
We monitor existing and new social media networks for you and identify brand violations in user names and profiles. We focus on legally actionable trademark infringement, not just your brand-related comments. As a brand owner, you will receive reports of such information
App Store Watch
App store Watch Notifies you if your brand is used in the title or description of newly launched apps for your mobile device. Covers iOS/iTunes App Store, Google Play, Amazon Appstore & Microsoft Windows Store. It includes an initial Mobile Apps Audit Report which is a comprehensive list of all existing Mobile Apps that match your criteria. Fastlane keeps watch for use of a Client’s mark in the title or description of newly launched apps for mobile devices on iOS/iTunes App Store, Google Play, Amazon Appstore & Microsoft Windows Store, removing those infringing your rights.
Logo Watch
Our Logo Watch service seeks out on-line images that infringe your brand. You submit your logo (or an image you want to monitor) and we scan the internet, comparing shape, colour and context and notify you of all potential violations. Fastlane keeps watch for use of a Client’s logo across the internet identifying sites that abuse the brand.
Paired with our Marketplace or Social Media Watch services, Logo Watch helps to capture additional infringing pages where the abuser has not put the brand name in the listing text but has implied a legitimate product by use of imagery.
Advert/Adword Watch
Finding and removing paid-for ‘hits’ on search engines that have bid on your mark(s) and that are now unfairly diverting would-be traffic from your website(s) to theirs.
With your input we compile a ‘White list’ of your partners who are authorised to use your Mark in online advertisements. We then monitor the search engines and file complaints against unauthorised ads making unfair use of the Mark in their text.
We can also record your Mark at Google AdWords along with any parties you authorize to use the Marks in Google ads, thus restricting competitors from using the Mark in the text of ads on Google. This also enables us to file complaints against suspicious third party ads which require users to provide extensive information or are unclear as to whether the advertiser is a reseller or informational site.
Research And Investigation
Fastlane arms its clients with insight and evidence derived from our desks and beyond; clients who have their eyes wide-open and know the importance of an informed decision. Our research and investigations team is ready to assist, in particular where you need to:
Clear your new brand
Fastlane, via its sister company Lane IP can perform trade mark clearance searches to identify prior marks that could potentially obstruct your own. This research can be supplemented with common law searches, uncovering unregistered marks that may have secured prevailing rights. Where earlier third-party marks are found, Fastlane can help you assess the risk posed by conducting a trade mark use investigation, to determine the nature, duration and scale of use of the mark, and to profile the owner.
Defend your own registration
Clients’ records of their use of a mark are often scarce – there is simply too much else going on. When the onus is on you to prove use, Fastlane can trawl the public domain for the requisite evidence and keep your registration alive.
Respond to infringement, abuse or fraud
Failure to investigate risks never knowing the true nature or extent of the problem, or how future cases could be detected earlier or prevented altogether. Aided by a global network of agents, Fastlane’s discreet methods can include online and database research, field enquiries, surveillance and test-purchasing. Findings can serve to underpin enforcement action, from a website take-down to legal proceedings.
Appraise
Certain situations require a thorough understanding of an individual or company’s stature or worth. For instance, prior to litigating, a financial profile or ‘pre-sue report’ can quickly determine whether the defendant is worth your bother.
Mitigate Risks
Risks are inherent to expanding your business, perhaps in a take-over, merger, or appointment of a pivotal member of staff. Fastlane’s due diligence and screening undertakings identify hidden risks, satisfy regulations, and inspire peace of mind.
Enforcement
We badger registrars, hosts and infringers themselves to speedily remove offending online content, from isolated posts, pages and videos to websites and entire campaigns. We disable domains where email fraud is concerned, and for the most problematic domains we file UDRPs. Offline, for UK companies containing your mark in name we file complaints before the Company Names Tribunal. In collaboration with our sister company, Lane IP, we file C&D notices, plus prepare for raids, searches and seizures; both parties regularly liaise with authorities. Fastlane quashes threats to your brand and business, both on and offline. Working tirelessly with our legal colleagues of Lane IP, there is no matter that cannot be overcome.
Online, our efforts include:
- Website, webpage and social media take-downs
- Marketplace/auction/app store take-downs
- Domain name disputes
- Email address disablement
- Sponsored advert take-downs
Customs
Customs administrations are the frontline in enforcing IP rights at international borders. Owners of branded goods that fail to record their rights at Customs are blind and powerless to act against counterfeits and parallel imports. Our dedicated customs staff will:
- Record your registered trademarks at Customs: We identify with you the territories you need the most protection and file applications at local Customs to get your trade marks onto their databases. This is essential to enable smooth passage of your products in and out of local ports.
- Add your factories and exporters: We advise Customs of your authorised partners so that their goods are not stopped by Customs. Its effectively a white list, designed to save delays and ultimately, money;
- Release genuine goods: If the goods are genuine, we notify Customs to quickly release them quickly to minimise delays;
- Renew your Customs Recordals: This avoids any breaks in protection and allows us to provide local Customs authorities with up-todate details of your brands and add any new trade marks to the records;
- Receive counterfeit notices: If and when suspected counterfeit goods are stopped by Customs they report the details to us and we liaise with you to verify authenticity and to arrange seizure;
- Seize and destroy: If the detained goods are found to be fake, we can instruct Customs to have them seized and destroyed.
We’re aware that wherever your products are sold, there are third parties trying to take advantage of your brand’s good name and reputation. A good relationship with local Customs is key to getting your goods to their destination and stopping infringers.