IP enforcement programs are typically aimed at either a small group of infringers, where the infringement is concentrated, or situations where the infringement is widely dispersed across several infringers. Litigation is frequently the best option when there are a few, concentrated infringers. The following provides 8 steps to follow when setting up an IP enforcement program. Each step drives the program’s effectiveness and efficiency.

DETERMINE THEHARM BEINGSUFFERED.

1

On the Internet, harm may include diverted leads, increased pay-per-click costs, confused purchasers, and injury to trademark rights and goodwill.

2SET GOALS FOR THEPROGRAM — BEGIN BYDEFINING THE “WIN.”

Programs are generally more successful if measurable and objective standards by which the program’s success can be measured are set upfront.

Standards can include reducing the frequency of counterfeit product sales or reducing the presence of infringing trademark usage in search results or paid advertising.

3DETERMINE BENEFITSAND COSTS.

The costs may include the initial time needed to develop the program, ongoing support with investigations, and litigation support if/when the lawsuit is filed to enforce the IP. Often, the largest cost may be the actual legal fees themselves.

4IDENTIFY ANDREGISTER THE IP.

Due diligence and care should always be taken to trace the chain of title from the initial owner of the trademark or copyright to the companycompany that is now asserting the rights to ensure that the chain is complete.

In addition, the company should consider obtaining a federal (preferably) or state trademark registration before beginning its program.

5ENSURE THE PROGRAMIS STAFFED CORRECTLY.

We have found integrating IP enforcement programs with databases, operations manuals, and forms libraries to be especially effective measures.

6MONITOR, ANALYZE, ANDIMPROVE THE PROGRAM.

Monthly or quarterly have been found to be effective monitoring intervals to run reports and analyze them. You can then use this analysis to determine whether the program should be modified.

7LOOK FOR NEW FORMSOF INFRINGEMENT.

History shows that infringing activity on the Internet comes in waves as new technology emerges. Success may drive infringers to develop new types of infringement. As such, vigilance is always required in order to react and help your IP enforcement program grow. program grow.

A significant advantage can be gained by publicizing the IP program’s enforcement success through public relations, the Internet, and other similar channels. This may deter infringers and lead them to move onto what they believe to be easier targets. easier targets.

Another more aggressive tactic is to select a small group of strategically-attractive infringers to sue for injunctive relief.

8LEVERAGE SUCCESSES.

The key to an effective IP enforcement program is executing on the above 8 steps. Once all are in place, focus should be given to improving the weakest performing steps.