Brands and the Web

Online strategies as a rule stretch brand-management ability. The proliferation of dedicated portals, addressing everything from alliances to training, pose a huge challenge for companies that want to ensure consistent brand representation on the Web.

Take Philips. The global conglomerate has over 200 branded Web properties addressing nearly 50 industry segments on all six continents. Almost every customer contact point has an identical brand experience. Style sheets, color schemes, corporate IDs, navigation and text layout differ depending on how you enter the channel. Is this by design? Probably not. Basic marketing principles dictate that explicit value exists in delivering a consistent brand experience regardless of the communication medium. 

The protection and maintenance of trademarks is best achieved through periodic audits of the portfolio, keeping thorough records, prompt renewal of registrations, using trademarks, advertising to strengthen brand awareness and promoting a tough policy towards infringers. Trademarks are valuable assets and may be exploited through assignment or sale. When a trademark is to be licensed, the licensor should take care to ensure that the value of the trademark is preserved by controlling the manner and circumstances in which the mark is used. A periodic trademark audit will confirm what marks the company owns and ensure that appropriate policies are in place to protect their value.

Many companies are taking active steps in using the web to ensure internal departments, partners, and the media follow clear guidelines. 

Sybase has an online brand handbook (www.sybase.com/corporate/brand_handbook). 

DFW Airport has an online guide (www.dfwairport.com

/AIRPORT/brand/) that instructs all vendors, merchants and service personnel on the proper use of corporate logos and IDs. 

General Electric’s brand standards are published online (www.ge.com/standards/brandid.html). 

The benefits of organizing brand standards on the Web are clear. It’s a convenient and accessible tool for internal and external parties, marketing processes are accelerated, and your chances of delivering a consistent user experience are improved. The net effect is improved brand value and, ideally, greater revenue. 

Sound brand management does not end at posting your standards on the Web. Here’s my short list of do’s and don’ts. 



Do Provide examples. Downloadable templates, style sheets, images, code, or any other starting material improves the utility of your brand-management site. 

Keep it simple. Remember that the goal is to make a difficult task, following brand standards, easier. 

Keep it updated. Nothing is worse than an out-of-date guideline. Simply providing a document describing your brand standards is not enough. You have to provide working examples and templates. 

Don’t ignore users. Simple Web tracking tools or even user registration steps can help you understand who are using the tool and what assets they download. 

Don’t think the job is over. Effective brand management is a constant effort. Web-based systems and tools are designed to iron out only some inefficiencies of the marketing process. Strong management skills are required to ensure flawless execution.

Tools of the trade 



The ultimate brand-management system is yet to be created. Sound management usually involves human interaction, training and a dose of commonsense. Some off-the-shelf tools can make the task a little easier. Digital asset-management systems such as from Bulldog Networks (recently acquired by Documentum–www.documentum.com), MediaBin (www.mediabin.com), Artesia Technologies

(www.artesia.com) and Artmachine (www.artmachine.com) help organize and store brand assets. These systems enable companies to repurpose digital media, including page templates, logos, images, photographs and video, for marketing purposes. In securing proper use of brand assets, I like VeriSign’s Digital Brand Management Services

(www.verisign.com/services/cdns/

index.html). This enables companies to comb the Web for unauthorized use of URLs and other Web assets. Digital brand management is a broad topic. As e-business becomes an everyday part of business, the subject will become vital for most companies. 

The pursuit of infringers



Trademark owners must be prepared and be in a position to act promptly in the event that their marks are infringed. Sales and marketing teams are often in the best position to spot infringement. They should, therefore, be educated about the importance of trademarks to the business.

Records should be kept of how the marks have been used by the company including details of advertising and sales figures and examples of advertisements, labels and sale material. In passing off actions and infringement actions based on the use of an identical or similar mark used in connection with dissimilar goods or services to those covered by your registration, you will have to establish goodwill or a reputation in India and the distinctive character of the mark. Records of this type will be invaluable in such a situation.

Remedies



The remedies available to a successful plaintiff in a trademark infringement action include injunctions and damages or an account of profits. Orders may also be made for removal of offending signs from infringing goods. Swift action against infringers is important, not only to enhance an aggressive reputation, but because certain remedies, particularly the possibility of interlocutory injunctive relief can be lost if there is a delay.

The following action should be taken before commencing litigation for infringement:

Record that date and circumstances of the discovery of the potential infringement.

Identify the person who discovered the potential infringement and record his name and contact details.

Identify the business details of the infringer including the name of the infringing company, a contact name, addresses, size of business operations and nature of the business.

Obtain a sample of any infringing product and retain the invoice or take photographs or record details of any oral or broadcast advertising infringement.

Rodney D Ryder  is a lawyer with Anand and Anand