Intellectual Property protecht - Safeguarding Intellectual Property Online
Do you recognise any of these issues? I have lost control of our domain names! I don t know if our brands are being infringed on the Internet. I need more effective advice to prevent online abuse of our brands. The solution To help you resolve these issues, Field Fisher WaterhouseLLP, leaders in the IP/IT fi eld of law, have created protecht - a professional onestop-shop for brand protection to provide expert advice and joined up thinking on (1) the registration and management of domain names (2) searching for unauthorised infringements of your brands and other IP rights on the internet and (3) the resolution of disputes - all at a competitive and cost-effective price. After many years of helping clients with issues relating to the internet it became clear that clients were frustrated by not being able to get help with domain name management services, monitoring of infringements on the internet and enforcement from one sole provider. In response to that, we have created protecht - a one-stop-shop for brand protection on the internet, all managed by us. Our programme will help you save time and money and provide you with one point of contact for all services relating to the online protection of your valuable IP rights. We think that the quality of advice is improved when one provider has the full overview of a company s complete range of Internet IP related activities. Our team includes people with substantial experience from the domain name industry to help manage and administer the programme itself. protecht manager Domain name management services consist of the registration and management of your domain name portfolio. protecht monitor Infringement searching services consist of locating any infringements of your brands and other IP rights on the internet, using some of the most well developed internet Our programme will help you save time and money and provide you with one point of contact for all services relating to the online protection of your valuable IP rights. intelligence technology in the industry. protecht enforcer Enforcement services advise you on how to stop online infringement of your IP and how to combat that abuse by taking proportionate action and proactive steps to minimize any abuse in the future. protecht manager Domain name management Domain name management services consist of the registration and management of your domain names, making sure that you have control of your complete portfolio. To assist us in providing the service, we have partnered with veri sign the market leader in this area. We will provide you with: A free initial search to identify a list of all domain names that are identical to your brands, showing complete ownership details. A dedicated account manager who will assist with all domain name matters. Access to our online management tool, which is easy to use and helps you to manage all your domain names in one place. Features include: Ability to give varying degrees of access to designated individuals within your business with maximum security and flexibility.
Availability searches for gtlds and cctlds. Monitor status of any orders. Automatic renewals management. Updates on latest developments of the registration rules for domain names. Export and print custom reports to suit your departmental or business needs. Domain Name strategy advice we can help you to get your domain name policy in line with your trade mark policy and with your overall business strategy. Secure registration in more than 240 cctlds 24 hours a day, 7 days a week. Field Fisher Waterhouse LLP advises on all pre-registration requirements such as trade mark registrations, company formation and locally based contacts. protecht monitor Online IP infringement searching Our protecht monitor service helps you to locate online abuse of your brands and other IP either as a one off search or as a monthly watch. To assist us in providing the service, we have partnered with Envisional, using their cutting edge technology. We tailor searches to your needs and then analyse the search results and provide you with recommendations on how to combat any discovered abuse of your brands and other IP rights. The tools can also be used to monitor online references to your brands that would be of interest to your Marketing department, which makes it cost-effective as the cost can be split between legal and marketing budgets. We search for various types of abuse including: Cybersquatting - the unauthorised registration of a domain name containing a brand where the registrant has no legitimate interest in it. Typosquatting - the registration of a domain name consisting of a misspelled brand name. The owner of the domain name intends to create traffi c to his website when an Internet user misspells the web address. Meta tag and hidden text abuse - meta tags are keywords and descriptions contained in the source code of a web site designed to help users fi nd a site when using a search engine. Hidden text is the text that matches the background colour of a web site (e.g. black text on a black background). Meta-tags and hidden text are commonly abused to divert browsers to competing or irrelevant sites or for commercial gain. Logo abuse - can be related to other abuses as well as false partnership claims, counterfeiting and cybersmearing. It is also important to monitor even authorised dealers to ensure that they use the correct version of the logo. Counterfeit goods - goods that are illegally copied and branded in an attempt to deceive consumers into believing they are buying the original goods. Sophisticated dealers rely heavily on the Internet to move their goods. Counterfeiting causes brand tarnishment when consumers are deceived into purchasing inferior and frequently defective products. Phishing - A high-tech scam that uses unsolicited email to deceive consumers into disclosing personal information such as credit card, bank account information and other sensitive information. Targets are sent emails informing them that they need to update or validate their billing information to keep their accounts active, and directs them to a lookalike website of the legitimate business. The targets unwittingly submit their fi nancial information to the phishing entity, which uses it for purposes of fraud and theft.
protecht enforcer Enforcement of online infringements to your IP Our IP & Technology Dispute Resolution group, has unrivalled experience in combating various forms of online infringement of IP and have acted in a number of landmark internet-related cases. Once an abuse is identifi ed, we start by considering the appropriate proportionality of the action to be taken. We often recommend ongoing monitoring of the infringing domain name / website rather than immediately incurring expense. If the situation is more urgent or the infringement is likely to cause serious harm to the client s IP rights, it may be necessary to initiate further investigation, negotiation, fi ling of a complaint under any of the existing administrative procedures or applying for an injunction in the appropriate jurisdiction to stop the infringement. Negotiation Many disputes can be resolved by negotiating with the infringing party and we recommend that this should be seen as a starting point in most situations in order to save costs and time. Administrative procedures There are administrative procedures available for solving domain name disputes, both in relation to generic Top Level Domains (such as.com and.net and.org) and country code Top Level Domains (such as.uk). This is an area in which we specialise and we have fi led numerous successful complaints under the various procedures. Dispute resolution Our IP & Technology Dispute Resolution group has substantial experience of both litigation and alternative dispute resolution and is ranked in the top tier by The Legal 500. We have a comprehensive understanding of IP rights teamed with the thorough understanding of dispute resolution needed to make or defend a case to a successful conclusion. All clients have access to their own secure version of our online extranet that makes it easy to track the status of any action taken with access to all documents in relation to any disputes.
Price list protecht manager Renewals gtld.co.uk.eu cctld 16 p.a. 25 p.a. 30 p.a. 90 p.a. Registrations gtld 20.co.uk 25 (inc NIC) cctld 90 (inc NIC) (unrestricted) cctld 145 (inc NIC) (restricted) cctld 395 (inc NIC) (severely restricted) Please note that prices do not include VAT protecht monitor Detailed search for any infringements / references to your brand / logo over a 12 month period (to include one report per month/analysis/advice) One-off search for any infringements / references to your brand / logo (to include reporting/analysis/advice) Domain Audit (a one-off search which gives you a list of any domains that are identical or similar to your brand) Domain Name Watch (monitoring any new registrations of domain names that are identical or similar to yourbrand, to include one report per week) 7000 p.a. per brand 1600 per brand 180-300 per brand 700 p.a. per brand protecht enforcer The rates are dependant upon the matter not being unusually complex or negotiation being protracted at the client s request. Cease & Desist + negotiation 750 DRS/UDRP complaint 3,000 (+ disbursements) Litigation Usual hourly rates less 15% Please note that prices do not include VAT Title of paper to go here - Arial 8pt, regular, leading 9.6pt
Contacts Simon Chapman simon.chapman@ffw.com +44 (0)20 7861 4024 Edmund McLaren edmund.mclaren@ffw.com +44 (0)20 7861 4575 James Martin james.martin@ffw.com +44 (0)20 7861 4811
Title of paper to go here - Arial 8pt, regular, leading 9.6pt
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