23 May 2017
Reporter: Barney Dixon

Notice and takedown systems ‘not efficient’

Notice and takedowns are not efficient or adaptive enough and brands need to do more to help, Oliver de Crombret, legal counsel for internet and brand protection at Chanel, has said.

Speaking on a panel outlining online brand protection strategies at the 2017 INTA Annual Meeting, de Crombret that there are more than a thousand ecommerce platforms worldwide, to which Chanel is sending “thousands and thousands” of notices every month.

De Crombret said that while physical counterfeiters are still a problem, the scope of online platforms can make traditional enforcement actions, such as the brick and mortar approach, whereby investigators institute test purchases and raids to catch counterfeiters, ineffective online.

Privacy laws make these sorts of raids and investigations impossible, as they can’t effectively track down counterfeiters to make arrests.

De Crombret added that when fighting counterfeits online, “we’re only catching the obvious, the tip of the iceberg.”

“Notice and takedown systems are not efficient. They only fight visibility. What we take down has already been seen.”

He compared the current situation online to the problem of street sellers, referencing a controversial topic at the conference whereby counterfeit sellers have set up shop only minutes away from where the meeting is being held.

“As you may have seen, Barcelona has exposed counterfeiters of Chanel, but we are more exposed online,” he said.

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