Emerging risks: an introduction

Identifying emerging risks and understanding the latest tools and techniques that infringers are adopting on social media is paramount to building a robust online brand protection strategy. In this section, we examine the biggest threats to brands across a range of platforms. Equipped with this knowledge, brand owners can proactively safeguard their intellectual property, brand reputation and consumer trust, while developing a resilient, profitable online presence – with room to grow in future.

Alastair Gray, director of anti-counterfeiting at INTA, untangles the recent history of counterfeit supply and demand on social commerce platforms. Gray explains how INTA efforts are supporting brands in their battle against this, with community engagement key to success. An EUIPO discussion paper homes in on the challenges of private messaging and closed groups in particular. And Greenberg Traurig LLP’s Marc H Trachtenberg identifies the latest tactics that fraudsters are adopting to set up imposter websites, create fake conversations and post misleading advertisements, among other things. Deepfakes are also a growing concern. As the technology rapidly evolves, local experts from Canada, India and the United States offer advice for combatting deepfakes targeting brands and prominent individuals.

Regulators around the world are taking steps to combat many of these issues. Some governments are also looking to raise awareness among consumers. Reports by the EUIPO and the UK Intellectual Property Office (UKIPO) highlight the alarming impact that social media influencers are having on the trade in counterfeit goods. Four out of five influencers do not disclose advertising content, the EUIPO warns, while men are more likely to actively buy counterfeits from influencers, a UKIPO study finds. Influencers are not beyond liability, though. Cole Schotz’ Amanda Leigh DeGroote explores the implications of recent high-profile trademark infringement cases brought against a number of these online celebrities.

But what responsibilities do platforms have to stamp out the counterfeiting activity that takes place in their stores? We examine the allegations made against Meta, TikTok and Snapchat in the most recent round of nominations for the Office of the US Trade Representative’s Notorious Markets List. While improvements to brand protection mechanisms are taking place, industry groups argue that the results are not filtering down to brand owners quickly enough. WIPO adds to the discussion, accusing some social media platforms of “window dressing” when failing to deliver on anti-counterfeiting policies in a recent report.

Much of the debate around policy focuses on major, international platforms. But brand owners cannot overlook smaller, domestic sites as part of their enforcement work. We identify increasingly popular local platforms that rights holders should be monitoring in Africa, Asia and Europe.