Why successful brands avoid mass takedowns

 

Automated mass takedowns ruin the chance to efficiently protect a brand’s IP rights. Although the approach of removing a lot of IP-infringing content at once may seem to be valid, this software-based one-size-fits-all solution is quite damaging in the long term. Unfortunately, this approach seems to be on the rise lately.

 

Find out all about automated mass takedowns and why they are bad for brands!

 

 

What are mass takedowns

As their name suggests, a mass takedown is the automated and large-scale removal of content from various online platforms by software that specializes in identifying alleged trademark infringements.

 

Several software tools are capable of initiating mass takedowns. They usually work on the same principles. They run a keyword- or image-based search to detect potentially infringing content, and then demand the removal of everything they found from the operator of the online platforms (marketplaces, domain registries, social media platforms, etc.) in question.

 

Recently, we noticed a spike in mass takedowns. As the efficient and sustainable enforcement of our clients’ IP rights is one of the core activities of globaleyez, we decided to investigate this phenomenon.

 

We discovered that the reason behind it is not an unusual surge in infringing content, but rather, advertising from companies that try to sell mass takedowns as the best solution to protect IP rights. Unfortunately, that claim is far from the truth.

 

 

Illustration of software-based automation

 

 

The one advantage of mass takedowns

That said, mass takedowns do have their selling point. The speed and scalability of such an operation are unparalleled; without thinking much about it, any potentially infringing content is removed as quickly as possible. However, the advantages stop right there.

 

The lack of individual review and context assessment that comes with mass takedowns results in overblocking, i.e., the removal of all content without any reflection. This is harmful for two main reasons:

 

1. All content is removed, even unproblematic and downright helpful content, like an unofficial fan site for a brand or product.

2. Instantly removing all infringing listings eliminates the possibility of further investigations that would lead to uncovering the identities and hidden connections between fraudulent sellers.

 

 

Negative effects of mass takedowns

Overblocking has severe negative side effects that outweigh the advantages of speed and scale.

 

1. The automated searches preceding a mass takedown yield many false positive results. These need to be examined carefully to determine if they need to be eliminated at all.

A lot of seemingly infringing content is actually harmless or even downright authorized, like product listings from legitimate third-party sellers. Removing them is unlawful and leads to reputational damage amongst customers and loss of trust within a distribution network.

 

2. Mass takedowns also carry a potential for abuse. Imagine your competitors claiming that your use of a legitimate keyword infringes on their IP rights, and all your product listings disappear within a heartbeat. With careful manual examinations preceding a takedown, this can’t happen.

3. Takedowns don’t happen by magic. Parties requesting a takedown must contact the host of the content (e.g., marketplace, domain registry, search engine, etc.) to take it down. Mass takedowns put an unnecessarily large burden on these platforms, forcing them to do a lot within a very short amount of time. And since most of these takedowns are not even needed, requesting mass takedowns can drive a wedge into your partnership with these platforms, which may cost you their goodwill.

 

 

The importance of qualified human testing

While software tools are essential for quick and scalable online brand protection, they’re not nearly enough when it comes to ensuring the safety of a brand’s IP rights. For a truly comprehensive approach, intuitive human expertise is a must.

 

Think of it as sweeping a dusty floor. A broom is important for gathering the dust quickly, but it will take everything in its path. And if your earrings have previously fallen to the floor, then they’ll be discarded along with the dust and grime, unless you take a look and pick them up yourself.

 

Online brand protection experts at globaleyez utilize the same approach with the results gathered by our state-of-the-art software tools. We sift through them, assessing the complex issues and borderline cases that would otherwise be grouped with the other results.

 

This individual classification enables us to develop differentiated and legally compliant responses to specific cases, thereby minimizing the aforementioned risks of misuse and errors. Our experts are highly trained and can spot the more complex cases quickly and efficiently.

 

In addition, since fraudsters often simply re-post a listing after a takedown, a single mass sweep is not particularly efficient. Instead, sustainable enforcement and strategic, long-term monitoring, along with targeted response measures, are needed to ensure the comprehensive protection of IP rights.

 

Investing in human expertise allows you to avoid the damages and costs of a mass takedown and all its associated risks, including loss of reputation, compliance evaluations, potential legal consequences, etc.

 

 

Use cases against mass takedowns

As mentioned above, automated mass takedowns often result in errors like the removal of non-infringing content. Take a look at two examples in our case history that prove the importance of human expertise.

 

 

Stopping a million-euro webshop infringement

Taking down malicious, e.g., phishing websites, is a delicate and labor-intensive process that requires human knowledge and evaluation skills. These are the exact resources we reached for when we stumbled upon a website selling fake software keys in our client’s name.

 

 

Screenshot of this webshop created by our Google Chrome extension, screenseal

 

 

This webshop is a dealer of multiple software keys at low prices, featuring several red flags. The overly enthusiastic style of text describing the products (including phrases like “100%”, “premium”, and “genuine”), the scarce contact information, the expired copyright data, and, of course, the heavily discounted prices are all signs that may point to potential IP infringements.

 

As we went deeper into this domain, we discovered a criminal network with a revenue of over a million euros, all gained at the expense of our client.

 

We ran a test purchase that allowed us to run forensics on the product, and a comparison of serial keys proved that the purchased software was indeed not genuine. After that, we enforced our client’s IP rights and ensured the removal of the infringing listing.

 

And since we were only authorized to act on our client’s behalf and not on the hundreds of other brands whose rights this webshop has infringed on, it was our duty to notify Europol of the infringements and hand the case over for a criminal investigation.

 

 

Counterfeit factories uncovered for Audi

Fraudulent car parts are extremely dangerous because they can cause serious injuries, even death. This is why, in cases such as Audi’s, it’s vital to learn the identity of the fraudsters and stop them as soon as possible. But with solely software-based mass takedowns, that’s simply not possible.

 

Instead, we manually sifted through the results gathered by our powerhouse software tools, traxster and infrimage, cross-referencing them with other data to gather information about the network of fraudsters.

 

“Correlations such as a conspicuously low price in combination with the indication of origin China are often the first indication of a fake," said Oliver Guimaraes, our managing director. So we cross-referenced our keyword and image searches with other data like price, volume, and location.

 

The resulting information led us to a network of fraudsters. We handed our evidence over to the police, who raided the fake factories and took the responsible parties into custody.

 

 

Conclusion and recommendations

Automated mass takedowns may seem like a quick fix to an irritating problem, but in the long term, they create more problems than they solve. Without intuitive human expertise and careful evaluation resulting in strategic enforcement, your brand is vulnerable to serious issues like the loss of trust, unlawful takedowns, and even potential legal proceedings.

 

Instead of relying solely on the power of automation, why not get the best of both worlds and invest in a comprehensive online brand protection program that builds on both software tools and human expertise?

 

We at globaleyez provide our clients with exactly that.

 

Contact us for an individual consultation if you want to learn more about us, or check out our comprehensive library of resources on the world of online brand protection!