INTERNET ANTI-COUNTERFEIT AND BRAND PROTECTION PROJECT FOR THE BICYCLE INDUSTRY
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INTERNET ANTI-COUNTERFEIT AND
BRAND PROTECTION PROJECT FOR THE
BICYCLE INDUSTRY
GOALS DISCOVER AND ANALYZE ALL THE EXISTING ONLINE THREATS FOR YOUR BRANDS IN TERM OF COUNTERFEIT OFFERINGS/SHOPS AND ABUSIVE DOMAIN NAMES AND SYSTEMATIZE THE OPTIMAL ENFORCEMENT STRATEGY REMOVE THE COUNTERFEIT OFFERINGS FROM THE MAJOR E-COMMERCE PLATFORMS AND ONLINE MARKETPLACES AND PERMANENTLY BANISH THE SELLERS SHUT DOWN ROGUE WEBSITES AND REGAIN CONTROL OF THE ABUSIVE DOMAIN NAMES SAFEGUARD YOUR TRADEMARKS AND SECURE THE NEW DOMAIN NAMES IN CONNECTION WITH THE NEW GTLDS RELEASE
STRUCTURE
THE PROJECT CONSISTS OF N.4 DIFFERENT ACTIVITIES
1. A PRELIMINARY SCREENING OF THE ACTUAL ONLINE SITUATION
2. ENFORCEMENT ACTIVITIES TO REMOVE COUNTERFEIT OFFERINGS
FROM THE MAJOR AND MOST DANGEROUS MARKETPLACES
3. ENFORCEMENT ACTIVITIES TO SHUT DOWN ABUSIVE WEBSITES
AND REGAIN THE CONTROL OF THE HIJACKED DOMAIN NAMES
4. SAFEGUARD THE NEW DOMAIN NAMES IN VIEW OF THE NEW
GTLDS RELEASE THROUGH THE REGISTRATION OF YOUR
TRADEMARKS ON THE ‘TRADEMARK CLEARINGHOUSE’
THE ACTIVITIES N.2, N.3 AND N.4 ARE INDEPENDENT – THE
N.1 ACTIVITY IS MANDATORY FOR N.2 AND N.3WFSGI INTERNET ANTI-COUNTERFEIT
PROJECT
ACTIVITY N. 1
PRELIMINARY SCREENING
4ACTIVITY N.1 – PRELIMINARY SCREENING –
DETAILS
MARKETPLACES:
- 1 MONTH DAILY SCREENING OF THE TARGET E-COMMERCE PLATFORMS AND ONLINE
MARKETPLACES (ALIBABA.COM – CHINA.ALIBABA.COM – ALIEXPRESS.COM – TAOBAO.COM –
EC21.COM – TRADEKEY.COM – IOFFER.COM – PAIPAI.COM – YOYBUY.COM – BAOSEEK.COM)
- IDENTIFICATION AND ANALYSIS OF ALL THE ABUSIVE OFFERINGS IN TERM OF:
o QUANTITIES
o PRICES
o MODELS
o SALES
o SELLERS
o SUPPLIES
o VIEWS
o TURNOVER
- ROUNDTABLE WITH BRAND OWNERS AND PRIORITIZATION OF THE TARGETS
DOMAIN NAMES:
- DISCOVERY AND ANALYSIS OF ALL THE ABUSIVE DOMAIN NAMES IN TERM OF:
o CONTENTS
o REGISTRAR
o REGISTRANT
- IDENTIFICATION OF NETWORKS OF INFRINGING DOMAIN NAMES TO ENFORCE
- ROUNDTABLE WITH BRAND OWNERS AND PRIORITIZATION OF THE TARGETSACTIVITY N.1 – PRELIMINARY SCREENING
OUTCOMES AND FIGURES
- OUTCOMES: DETAILED AND CUSTOMIZED REPORT HIGHLIGHTING
o ALL THE INVOLVED MARKETPLACES
o ALL THE INFRINGING LISTINGS, THE PRODUCTS INVOLVED, THE PRICE,THE
SUPPLIES, THE SALES, AND THE TURNOVER
o ALL THE SELLERS, LISTED IN TERMS OF DANGEROUSNESS (NUMBER OF LISTINGS,
VOLUME OF TURNOVER)
o ALL THE ABUSIVE DOMAIN NAMES, ANALYZED AND CLUSTERED IN NETWORKS
o ENFORCEMENT STRATEGY OF THE MOST DANGEROUS NETWORKS IN TERM OF
DIMENSION AND NUMBER OF INVOLVED BRANDS
ALL THE OUTCOMES WILL BE DISCUSSED IN A CUSTOMIZED WEBINAR WITH THE BRAND
OWNERS ON A SECURE ENVIRONMENT
IN ORDER TO STRATEGYZE AND OPTIMIZE THE ATTACKS AGAINST THE COUNTERFEITERS ON
THE ECOMMERCE PLATFORMS AND AGAINST THE NETWORKS OF ABUSIVE DOMAIN
NAMES, THIS PRELIMINARY SCREENING IS A NECESSARY STEP AND IS MANDATORY FOR THE
ACTIVITIES N.2 AND N.3
- DELIVERY TIME: 1 MONTH
- WFSGI MEMBERS PRICE: 2.000,00€ + VAT (IF APPLICABLE)WFSGI INTERNET ANTI-COUNTERFEIT
PROJECT
ACTIVITY N. 2
ENFORCEMENT OF COUNTERFEIT
OFFERINGS ON THE ONLINE
MARKETPLACES
7ACTIVITY N.2 – ENFORCEMENT OF ONLINE MKTPLACES – DETAILS ACCORDING TO THE OUTCOMES OF THE PRELIMINARY SCREENING: - ACCREDITMENT OF THE COMPANIES AND THEIR IPRIGHTS (TRADEMARKS/COPYRIGHTS) ON THE E-COMMERCE IPR ENFORCEMENT SYSTEMS - CONTINUOUS MONITORING AND SYSTEMATIC REMOVAL OF ABUSIVE/COUNTERFEIT LISTINGS - BANISHMENT OF ALL THE COUNTERFEITERS AND CLOSURE OF THE ROGUE SHOPS - MONTHLY REPORT WITH BENCHMARKS OF THE ACTIVITIES DETAILING THE VOLUME AND VALUES OF BLOCKED SALES AND THE BANISHED SHOPS
ACTIVITY N.2 – ENFORCEMENT OF ONLINE MKTPLACES – OUTCOMES AND FIGURES OUTCOMES: THE COUNTERFEIT OFFERINGS WITH YOUR BRANDS WILL BE PROMPTLY REMOVED FROM THE ONLINE MARKETPLACES AND THE SELLERS WILL BE BANISHED FROM THE PLATFORMS TARGET PLATFORMS: (ALIBABA.COM – CHINA.ALIBABA.COM – ALIEXPRESS.COM – TAOBAO.COM – EC21.COM – TRADEKEY.COM – IOFFER.COM – PAIPAI.COM – YOYBUY.COM – BAOSEEK.COM) EFFICIENCY: THE BASIC SERVICE GRANTS UP TO 1.000 LISTINGS ENFORCED PER MONTH – EVENTUAL UPGRADES CAN BE DISCUSSED (1.500+ / 1.750+ / 2.000+ / 2.250+ / ...) MINIMUM DURATION: IN ORDER TO ACHIEVE A DRASTIC REDUCTION OF SUCH COUNTERFEITS, WE PROPOSE A MINIMUN OF N.4 MONTHS OF ACTIVITIES. THE SERVICE CAN BE EVENTUALLY RENEWED ON A 4/6/12 MONTH BASIS WFSGI MEMBERS PRICE - BASIC SERVICE: €2.250,00/MONTH + VAT (IF APPLICABLE)
ACTIVITY N.2 – ENFORCEMENT OF ONLINE
MKTPLACES – EVENTUAL UPGRADES
CHOSEN DURATION OF THE SERVICE
4 months 6 months 12 months
up to 2.250/MONTH 2.130/MONTH 2.000/MONTH
1.000 € € €
AVERAGE NUMBER OF
ENFORCED LISTINGS
1.000 to 3.250/MONTH 3.100/MONTH 2.900/MONTH
PER MONTH
1.500 € € € STANDARD SERVICE
1.500 to 3.750/MONTH 3.570/MONTH 3.350/MONTH
1.750 € € €
1.750 to 4.200/MONTH 4.000/MONTH 3.750/MONTH
2.000 € € €
2.000 to 4.600/MONTH 4.370/MONTH 4.100/MONTH
2.250 € € €
2.250 + TBD TBD TBD
WFSGI MEMBERS PRICES VARY ACCORDING TO THE CHOSEN VOLUME OF ENFORCED LISTINGS
AND TO THE DURATION OF THE SERVICE
THE MARGINAL COST SHIFTS FROM 2.25€ PER LISTING ENFORCED (STANDARD SERVICE – 4 MONTHS – 1.000 LISTINGS ENFORCED PER
MONTH) TO 1.82€ PER LISTING ENFORCED (UPGRADED SERVICE – 12 MONTHS – 2.250 LISTINGS ENFORCED PER MONTH)
CONVEY RESERVES THE RIGHT TO ADJUST ITS PRICING VIS-A-VIS INDIVIDUAL WFSGI MEMBER COMPANIES IN THE EVENTO OF COMPLEX SCENARIOS
(NUMBER OF LISTINGS – INVOLVED PRODUCT CATEGORIES – ADDITIONAL MARKETPLACES - OTHER CIRCUMSTANCES)WFSGI INTERNET ANTI-COUNTERFEIT
PROJECT
ACTIVITY N. 3
CLASS-ENFORCEMENT OF
NETWORKS OF ABUSIVE
DOMAIN NAMES
11ACTIVITY N.3 – ENFORCEMENT OF ABUSIVE
DOMAIN NAMES – DETAILS
PRIORITIZATION OF THE TARGETS ACCORDING TO THE OUTCOMES OF
THE PRELIMINARY SCREENING (DIMENSION/NUM. OF INVOLVED
BRANDS/OTHER CRITERIA)
FOR EACH TARGET TO ENFORCE:
- DRAFT OF A DETAILED DOSSIER ON THE TARGET CLUSTER
- CONFIDENTIAL COMMUNICATION WITH THE ABUSIVE REGISTRANT
- COMMUNICATION WITH THE REGISTRAR
- C&D LETTER
- COMPLAINT FILING PURSUANT TO UNIFORM DISPUTE RESOLUTION
PROCEDURES/ALTERNATIVE DISPUTE RESOLUTION OR OTHERS
- FOLLOW UP OF EVENTUAL APPEAL PROCEDURESACTIVITY N.3 – ENFORCEMENT OF ABUSIVE
DOMAIN NAMES – OUTCOMES/FIGURES
OUTCOMES: THE ABUSIVE DOMAIN NAMES WILL BE PROMPTLY SHUTTED DOWN AND
THE LEGITIMATE BRAND OWNERS WILL TAKE SUCH DOMAIN BACK UNDER
THEIR CONTROL.
ADMINISTRATIVE PROCEDURE: UDRP/ADR ADMINISTRATIVE COMPLAINT
ARBITRATION PANEL: WIPO - WORLD INTELLECTUAL PROPERTY ORGANIZATION /
ADR.EU – ARBITRATION COURT
DURATION OF A PROCEDURE: THE PANELS USUALLY TAKE 1.5/2 MONTHS TO RENDER
THE DECISION
*WFSGI MEMBERS PRICES:
€2.500,00 + VAT (IF APPLICABLE) FOR A PROCEDURE VS. A SINGLE DOMAIN
€5.000,00 + VAT (IF APPLICABLE) FOR A PROCEDURE VS. A CLUSTER OF DOMAIN NAMES (2+)
PRICES ARE SHARED BETWEEN THE INVOLVED BRANDS ACCORDING TO THE NUMBER OF
RESPECTIVE DOMAIN NAMES INVOLVED IN THEPROCEDURE AGAINTS THE TARGET NETWORK
*PRICES ARE EXCLUSIVE OF THE ADMINISTRATIVE FEES CHARGED BY THE CHOSEN PANEL (~ 500€ ÷ 1.500$)WFSGI INTERNET ANTI-COUNTERFEIT
PROJECT
ACTIVITY N. 4
TRADEMARK CLEARINGHOUSE
REGISTRATION
SAFEGUARD THE NEW DOMAIN NAMES IN
CONNECTION WITH THE NEW GTLDS RELEASE
14ACTIVITY N.4 – SAFEGUARD THE NEW
DOMAIN NAMES - SCENARIO
DURING THE NEXT 3 YEARS, THE ICANN WILL RELEASE 1.912 NEW GENERIC TOP
LEVEL DOMAINS.
EXCLUDING THOSE REGISTERED BY COMPANIES FOR PRIVATE USE (I.E. .IBM - .AUDI
- .SONY) – MANY ISP HAVE APPLIED FOR GENERIC FIRST LEVEL DOMAINS IN
ORDER TO MAKE BUSINESS AND SELL THE RESPECTIVE SECOND LEVEL DOMAIN.
SUCH NEW TLDS INCLUDE: .bargains; .bike; .buy; .cheap; .dealer; .discount;
.mall; .online; .run; .sale; .shoes; .store; .sport ...AND MANY MORE.
ALL THESE NEW GTLDS WILL GENERATE THE IDEAL GROUND FOR
ABUSERS/COUNTERFEITERS TO REGISTER NEW ILLEGITIMATE WEBSITES, LIKE
www.shimano.sport – www.specialized.cheap – www.pinarello.bike –
www.giant.store – AND THOUSANDS MORE COMBINATIONS...ACTIVITY N.4 – SAFEGUARD THE NEW
DOMAIN NAMES – DETAILS
BY REGISTERING YOUR TRADEMARKS TO THE “TRADEMARK CLEARINGHOUSE”, WE
WILL PROTECT YOUR BRANDS IN CONNECTION WITH THE NEW GTLDS RELEASE
WHAT WILL YOU GET?
- SUNRISE PERIODS –> 30 DAYS BEFORE DOMAIN NAMES ARE OFFERED TO THE GENERAL PUBLIC
IN WHICH YOU AND YOU ONLY CAN REGISTER THE DOMAIN NAME THAT MATCHES YOUR TRADEMARK.
- TRADEMARK CLAIM PERIODS -> AFTER THE “SUNRISE”, 60 DAYS OF NOTIFICATION SERVICES
THAT WORK AS FOLLOWS:
A POTENTIAL DOMAIN NAME REGISTRANT GETS A WARNING NOTICE WHEN ATTEMPTING TO
REGISTER A DOMAIN NAME THAT MATCHES YOUR TRADEMARKS; SIMULTANEOUSLY, YOU, AS THE
LEGITIMATE TM OWNER, WILL RECEIVE NOTIFICATION OF SUCH DOMAIN NAME REGISTRATION, IN
ORDER TO PROMPTLY TAKE ANY APPROPRIATE ACTION
- URS (UNIFORM RAPID SUSPENSION) PROCEDURES: URS IS A RIGHTS PROTECTION
MECHANISM THAT COMPLEMENTS THE EXISTING DOMAIN DISPUTE PROCEDURES (SEE ACTIVITY N.2)
BY OFFERING A LOWER-COST, FASTER PATH TO RELIEF FOR RIGHTS HOLDERS EXPERIENCING THE MOST
CLEAR-CUT CASES OF INFRINGEMENT.ACTIVITY N.4 – SAFEGUARD THE NEW
DOMAIN NAMES – OUTCOMES/FIGURES
- OUTCOMES: THE REGISTRATION OF YOUR TRADEMARKS ON THE «TRADEMARK
CLEARINGHOUSE» WILL GRANT YOU WITH THE POSSIBILITY TO SAFEGUARD ALL
THE NEW DOMAIN NAMES BEFORE THEY ARE OFFERED TO THE GENERAL
PUBLIC AND TO PREVENT ABUSERS FROM STEALING THEM
YOU CAN OPT FOR A 1 YEAR / 3 YEARS / 5 YEARS REGISTRATION
- WFSGI MEMBERS PRICES:SUMMARY
• ACTIVITY N.1 – PRELIMINARY SCREENING
(MANDATORY FOR ACTIVITIES N.2 AND N.3) - € 2.000,00
• ACTIVITY N.2 – ENFORCEMENT OF COUNTERFEITS ON ONLINE MARKETPLACES
STANDARD SERVICE - € 2.250,00 PER MONTH
(DURATION/VOLUME CAN BE UPGRADED)
• ACTIVITY N.3 – ENFORCEMENT OF ABUSIVE DOMAIN NAMES
SINGLE DOMAIN NAME - € 2.500,00 PER PROCEDURE
CLUSTER OF DOMAIN NAMES - € 5.000,00 PER PROCEDURE
(COSTS ARE MEANT TO BE SHARED BETWEEN INVOLVED BRANDS PROPORTIONALLY)
• ACTIVITY N.4 – TRADEMARK CLEARINGHOUSE REGISTRATION
1 YEAR 240,00$ - 3 YEARS 575,00$ - 5 YEARS 915,00$
ALL THE AFOREMENTIONED ACTIVITIES ARE FINE-TUNED FOR THE
PECULIARITIES/NEEDS OF THE WFSGI MEMBERS OF THE BICYCLE INDUSTRY
THE PRICES ARE FAVORABLE AND RESERVED FOR WFSGI BRANDS ONLY
PRICES FOR NON MEMBERS ARE UP TO 40% HIGHER
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