Develop your online enforcement strategy

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Develop your online enforcement strategy

In-house counsel discussed the most effective response to online infringement at two sessions at the INTA Annual Meeting this week, recommending IP owners take a strategic approach to brand protection.

“Our clients often say ‘can you stop that?’ when one of our brands faces criticism online,” said Rebecca Borden of CBS Corporation. “But we have to be careful. If you take a very tough approach you can look heavy handed, it draws attention to the issue, and given that our organization is about freedom of speech we don’t want to contradict ourselves.”

Instead she urged IP owners to rethink the wording of their standard cease and desist letters, and to take a more lenient approach to fans whose enthusiasm for a brand has crossed the line into infringement. “It doesn’t hurt us to say ‘we recognize you’re a fan and we appreciate that’ and then to explain why we need to enforce our rights to ensure that the creators get paid and that we don’t breach any of our other contracts.”

Pinterest’s Anthony Falzone agreed. “It pays to be nice and respectful to people.”

Borden revealed one of the more unusual requests that she has had to consider while working for the broadcasting company, which airs episodes of Star Trek. CBS was asked whether images from Star Trek could be used on the gravestone of a fan of the sci-fi show. Lawyers had to weigh up whether giving the go-ahead would interfere with a licensing deal the company has with a coffin maker who produces Star-Trek themed caskets, but ultimately sanctioned the request.

In another session on social media in China on Monday, Stanislas Barro of Kerring, which owns brands including PUMA, GUCCI and BRIONI, outlined some of the practical challenges involved in enforcing IP rights online in a country with 618 million internet users, 91% of whom have at least one social media account. He explained how many sellers of counterfeits advertise their products on Sina Weibo to receive maximum exposure, but shift their negotiations with buyers to WeChat, where their conversations remain private. “We get cut out of the discussions at that point,” he said.

“There is lots of ground to cover, the Internet is moving fast and it is a challenge to keep up,” he concluded. On the positive side, however, brand owners are doing more to share best practices for dealing with the problem, and there have been encouraging signs from the authorities, including the establishment of specialized cybercrime units, he said.

more from across site and SHARED ros bottom lb

More from across our site

In the sixth episode of a podcast series celebrating the tenth anniversary of IP Inclusive, we discuss IP Futures, a network for early-career stage IP professionals
Rachel Cohen has reunited with her former colleagues to strengthen Weil’s IP litigation and strategy work
McKool Smith’s Jennifer Truelove explains how a joint effort between her firm and Irell & Manella secured a win for their client against Samsung
Tilleke & Gibbins topped the leaderboard with four awards across the region, while Anand & Anand and Kim & Chang emerged as outstanding domestic firms
News of a new addition to Via LA’s Qi wireless charging patent pool, and potential fee increases at the UKIPO were also among the top talking points
The keenly awaited ruling should act as a ‘call to arms’ for a much-needed evolution of UK copyright law, says Rebecca Newman at Addleshaw Goddard
Lawyers at Lavoix provide an overview of the UPC’s approach to inventive step and whether the forum is promoting its own approach rather than following the EPO
Andrew Blattman, who helped IPH gain significant ground in Asia and Canada, will leave in the second half of 2026
The court ordering a complainant to rank its arguments in order of potential success and a win for Edwards Lifesciences were among the top developments in recent weeks
Frederick Lee has rejoined Boies Schiller Flexner, bolstering the firm’s capabilities across AI, media, and entertainment
Gift this article