Almost all of us can remember, (Millennials excluded), when the online marketplace was born. It happened almost overnight.
No longer did you have to travel to the ‘big town’ to obtain those desired, but elusive goods that you couldn’t just buy at a local shop. The ‘click-purchase’ phenomena rapidly spread from non-existence to becoming a new way of life. That object of desire could be delivered to your doorstep the next day.
As we now know, the expansion of online shopping has had an adverse effect on our local high streets; it has expanded beyond luxury items, to grocery and everyday items, delivered at the touch of a button. Times have moved on.
Of course, the online market place is not without its issues. The digital environment is a perfect habitat for criminal behaviour. The internet is massive, confusing and relatively ungoverned. It transcends national borders, and the technology upon which it is based is moving faster than any laws that can purport to regulate it. This includes the regulation of cybercrime, and in particular, of online fraud and counterfeiting.
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Most online marketplace sellers are legitimate businesses trying to connect with buyers in a quick, convenient and honest way. However, hidden amongst the sheep are individuals selling counterfeit goods, often of inferior quality, displayed with bargain prices. The presence of these ‘rogue’ individuals has a negative effect on consumer confidence, which impacts upon genuine sellers, and the online marketplace itself. The consequence is that some consumers are choosing to turn away from the convenience of online shopping, and head back to the high street, where they feel more assured. This trend represents a hurdle for the big online retailers.
In response to this trend, some online retailers, most notably Amazon and eBay; have introduced schemes to curb the spate of online counterfeits which have made their platforms unsafe and uninviting to both sellers and buyers. Amazon’s scheme is known as the ‘Amazon Brand Registry’ and eBay’s system is known as ‘VeRO’ (Verified Rights Owner Programme).
The procedure for a legitimate brand owner to invoke these initiatives is relatively simple. In order to have access to the full range of protective services which can result in the site of an unauthorised seller being taken down and blocked, an online form has to be completed. However, in order to qualify for either of the Amazon or eBay schemes, you must be able to verify that you are the legitimate Intellectual Property Rights holder.
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IP practitioners, including Albright IP, representing owners of registered Trade Marks; are now being inundated with emails from Amazon sellers requesting us to put them in touch with our clients, in order that they can provide them with a ‘verification code’. Without this, they will not be permitted to sell products on Amazon. Online marketplaces are not setting themselves up as an alternative court; they will only look to protect or enforce rights that are legally established, i.e. to take note and respect Registered Trade Marks.
At last, the online consumer is being protected, and so too is the genuine online retailer.
It is now paramount that you put your shop in order (pardon the pun), so that you can take advantage of the initiatives being launched by the online platforms. Ensuring that you have comprehensive Registrations for your Trade Marks, will put you into the strongest possible position to protect your brand image and quality, as well as giving the consumer piece of mind to keep purchasing your products.
Albright IP’s team of experienced Trade Mark Attorneys can guide you forwards to take the maximum advantage of retailing in the online marketplace.