by Smart Protection
Digital threats are evolving faster than ever. With AI-driven phishing and fraudulent marketplaces, traditional brand protection strategies are no longer enough.
To understand how to shift from reactive protection to true digital resilience, we spoke with David Barnett, one of the most recognized voices in online brand protection.
With over 20 years of experience, David is the author of Brand Protection in the Online World and Patterns in Brand Monitoring. He is currently a Brand Protection Strategist at Stobbs, having previously led the Brand Monitoring consultancy function at CSC.
His work focuses on domain monitoring, threat analysis, and the impact of emerging technologies like AI on the digital risk landscape.
In this interview, we explore how brand protection is evolving, why reactive approaches are no longer sufficient, and what companies should prioritize to stay ahead of emerging threats.
David, it’s a pleasure to have you with us. Welcome.
Smart Protection: In a digital world full of risks, do you think most companies are focusing on the right priorities to protect their brand, or are there critical areas being overlooked?
David Barnett: Part of the issue to be addressed by brand owners when considering a protection programme is determining what the critical areas to be monitored actually are. The threat landscape is constantly changing and evolving, and so it is crucial to employ a proactive programme of comprehensive brand monitoring, in addition to maintaining an awareness of the topics being discussed by industry experts, to identify new and emerging trends. Areas to be addressed may include wholly new technologies or online ecosystems, but brand owners should also consider new tactics (which may be as simple as changes to keywords and product descriptors) being used by infringers to generate relevant content and evade detection.
Overall, however, brand owners are becoming increasingly aware of the importance of holistic programmes of monitoring and enforcement, and the implications of not taking action against infringements. The requirements for making these programmes as effective as possible - including the maintenance of a comprehensive portfolio of IP protection, such as registered trademarks in relevant product classes and geographical regions - are also now widely appreciated.
One issue which remains problematic is that legislation and IP protection programmes generally may struggle to keep pace with emerging developments, making it more difficult for brand owners to take action against the infringement activity which is taking place, highlighting the importance of brand owners, service providers and policy-makers taking a collaborative approach to address the issues.
Smart Protection: How can organisations move from a reactive approach to a truly proactive strategy in the face of growing digital threats such as deepfakes, advanced phishing, and illegal marketplaces - especially when internal coordination between legal, marketing, and cybersecurity teams often remains one of the biggest barriers to effective protection?
David Barnett: Historically, many of the actions carried out as part of brand protection programmes have tended to be reactive in nature, resulting in a 'whackamole' approach and a tendency to address issues as they arise. This scenario can creating a negative situation which may be compounded by the fact that many online issues can simply be difficult to solve, due to ineffective legislation and IP protection programmes, poorly-defined enforcement techniques, or a combination of these and other factors. However, the importance of taking a 'big picture' view, and adopting the most significant and impactful strategies, is increasingly being appreciated by brands. Part of this process involves the provision of improved education, both for customers (such as information on the dangers of non-legitimate goods), and within companies (on the inherent importance of brand protection).
For brand protection initiatives to work well, they need to take a collaborative, multi-stakeholder approach, typically involving marketing, legal, technical and other functions within an organisation. Coordinating between these disparate areas, and providing the necessary leadership and accountability, can be problematic - but can be facilitated if appropriate understanding, and the appreciation of the importance of the programme, is in place.
It is also crucial for a brand protection programme to cover all relevant areas (across channels, platforms, geographical regions, and product types), typically also extending beyond just the online world, to include consideration of possible issues in the physical product supply chain, and potentially also collaboration with entities such as customs and law enforcement bodies.
Another part of the problem for brands is in securing the necessary funding from within the organisation to allow the brand protection initiative to function appropriately. The solution involves application of a range of tactics, including the use of initial 'landscaping' phases of broad monitoring, to build awareness of the problems that exist, and effective demonstration of return on investment (ROI), to demonstrate the scale of the issues and the value of tackling them effectively. Clarity on ROI can be particularly important in cases of proactive spend (i.e. that used for preventative measures) - such as the implementation of domain security features, which will involve an appreciation of the importance of core corporate domains as key business assets.
Smart Protection: What are the most common mistakes brands make when facing digital attacks that impact their reputation, and what lessons can companies learn from cases where delayed action resulted in financial loss, reputational damage or loss of customer trust?
David Barnett: One key point in determining an appropriate response is gaining an appreciation of the scale of the damage which can result from digital attacks and infringements. Many attacks can result in direct financial losses for an organisation, whether these arise from social engineering or impersonation attacks in which employees are duped into transferring funds, or from phishing attacks which result in the theft of customer funds which may need to be reimbursed. Beyond this, other types of security incident or technical attack can result in issues such as website downtime, which can create huge losses in business revenue, and can even affect company share price. However, even these areas are only part of the picture - attacks against companies can generally have highly detrimental effects on reputation and customer trust (with numerous studies suggesting that, for example, customers will avoid a brand after inadvertently purchasing a counterfeit), which can have knock-on effects on factors such as brand value.
Many case studies have previously been observed in which organisations taking an insufficiently robust approach to brand protection can be so badly affected by counterfeiting and infringements that it ultimately totally transforms (in a negative way) consumer impressions of the brand. This type of issue can require a total 'reset' of perception - in which the solution to this type of issue can involve initiatives such as customer education programmes, and the introduction of product validation technologies. Some brands are taking this approach one stage further, running programmes where customers are given the opportunity to 'compare and contrast' counterfeit products against the real versions, and swap one for the other, allowing the quality of the legitimate goods to speak for itself.
Smart Protection: It’s often said that large brands have unlimited resources for protection. Do you think this is a real advantage, or could smaller companies implement more agile and effective strategies?
David Barnett: Realistically, it is rarely the case that even larger brands have unlimited internal funding for their brand protection initiatives, but it is true to say that infringement issues can affect brands of any size, particularly if they have any sort of consumer base of spending customers. The history of brand protection stories in the news repeatedly shows that, for any organisation subject to an issue resulting in greater levels of public attention and interest, infringers will often respond by taking advantage of the higher volumes of search traffic by creating, and driving customers to, their own related (but unofficial) content. For this reason, high-profile news stories often trigger subsequent 'spikes' in infringements.
These observations highlight the importance of proactive brand monitoring, which should be comprehensive and holistic in nature, to identify the areas in which infringements are taking place. However, broad monitoring of this type need not be a high-cost expense, providing the service is configured in a 'smart' way - typically making use of effective prioritisation and clustering functionality (which may incorporate AI capabilities in modern technologies), such that the highest-impact findings can efficiently be identified and addressed, rather than just focusing on the most obvious results (the 'low-hanging fruit').
Another consideration to bear in mind is for brand owners to 'pick their battles' appropriately - repeatedly targeting small infringers or competitors, or being overly aggressive in response to reputational issues (such as negative reviews), can result in an organisation gaining a reputation as a 'brand bully'.
Smart Protection: Platforms like Amazon and TikTok are increasingly responsible for brand protection. Should companies trust them, or does this create more risk than solutions?
David Barnett: It is true that many platforms are beginning to build more comprehensive and effective intellectual property protection programmes - many of which include elements of self-monitoring and proactive enforcement, in addition to efficient workflows for reactively reporting infringements - and which can be utilised by brand owners and service providers as key parts of their brand protection initiatives.
However, it is also fair to say that some platforms and online service providers are less inclined to be quite so proactive, since ultimately the delisting of products and the removal of infringing content can result in financial losses to the platform itself (essentially, they are 'taking down their own customers'). This scenario is still relatively more common for certain domain registrars, some of which are notoriously non-compliant to takedown requests. Part of the solution in this case may be improved policy-building by governing bodies (such as ICANN, in the case of domains), potentially resulting from collaborative lobbying by brand owners, service providers and industry bodies.
Having said this, many platforms are increasingly appreciating the dangers associated with infringing activity, and the reputational benefits of being seen to be cooperative with brand owners. However, as discussed previously, the infringement landscape is constantly evolving, so all IP protection programmes need to be accompanied by proactive monitoring in a broad sense, to make it possible to identify and address emerging threats as they arise. Overall, it is also always advisable for brand owners to conduct their own monitoring, to ensure that any proactive programmes which have been in place by the platforms themselves are truly effective.
Smart Protection: Many claim AI will revolutionise brand protection. To what extent do you think reliance on automation can replace human strategy, and when does it become a risk itself?
David Barnett: A key point to make in addressing this point is that AI and automation can never replace human strategy. AI applications (in the most usual currently accepted sense of the term) do not think or understand, or create new content from scratch, and are purely predictive systems basing their responses on the pre-existing material on which they have been trained. Without pre-existing human creative input, the data-sources 'feeding' the LLMs on which these systems are based simply would not exist, and it is already well-established that instead training new AI systems on the outputs from earlier AI systems results in a very rapid degradation in the quality of the information generated. Where AI applications are beneficial is in cases where there are far higher volumes of data to be analysed than could be achievable in a manual or deterministic fashion in a scalable way, and where the outputs from the AI systems can easily be verified for truth and accuracy. Having gained outputs from AI systems, it inevitably still requires human insight to determine the implications of these outputs and make strategic assessments regarding next steps.
That said, it clearly is the case that AI is already a key area to be addressed in brand protection considerations. AI is already extensively being used by infringers, both to lower the technical entry barrier to, and increase the speed of, the creation of familiar classic infringement types, but also to facilitate the creation of wholly new types of content, such as deepfakes. Usage of AI also raises fundamental new questions in the IP world, such as considerations around how to monitor the outputs from AI-powered tools (which may be of particular concern if these are inaccurate or infringing), and issues on the ownership of IP generated by such systems.
However, the other point to bear in mind is that AI does offer powerful and compelling options for brand owners and service providers aiming to tackle online infringements with much greater efficiency and effectiveness. Areas being explored by many providers include the use of AI in automated prioritisation and clustering capabilities for brand monitoring findings (such as the ability to assess levels of threat based on the similarity to previous findings determined to be infringing), image and text recognition, and technologies to be able to interrogate tools and databases using natural language.
Smart Protection: Dark web monitoring sounds sophisticated, but does it truly make a difference in preventing brand damage, or is it more of a 'prestige' security measure than a practical tool?
David Barnett: The relevance of dark web monitoring will vary depending on the type of organisation in question, but it certainly can be significant for businesses such as (for example) financial service providers and manufacturers of physical goods which can be subject to counterfeiting. However it is still something of a 'niche' area, and is unlikely to be relevant for all brands. Part of the issue is that it is inherently difficult to monitor (with a relative lack of effective search sources, and system of dynamic addressing for websites, in which URLs tend to change over time) and can be an environment in which effective enforcement can be difficult, if not impossible. However, obtaining an overview of issues on the dark web can be a key element of gaining 'big-picture awareness', and can provide an early warning of high-risk issues requiring rapid response (such as proactively blocking credit cards or payment credentials found to have been compromised).
Smart Protection: Looking ahead 3 - 5 years, which technological innovations or regulatory changes could challenge current brand protection strategies, and how should companies prepare?
David Barnett: It is almost impossible to determine which areas are likely to be of greatest significance over the next few years from a brand protection point of view, not least because the landscape is so rapidly evolving, and the greatest concerns may arise from an emerging technology which is not yet in existence. At any given time, there tend to be one or more new areas requiring attention and the development of capabilities to address the related issues; examples from the last few years include Web3, NFTs and the metaverse, blockchain technologies and cryptocurrency, and (most recently) AI. It is likely that these will remain relevant areas for consideration (to a lesser or greater extent) going forward, but that new areas of concern will also continue to evolve. It is for this reason that broad proactive monitoring and close attention to industry discussion, to identify emerging areas of interest, are such key components of a general brand protection strategy.
Smart Protection: If a company chooses not to invest in digital brand protection today, what financial and strategic risks do they face in the short and long term? How can the cost of inaction be realistically measured?
David Barnett: Many of the central issues relating to this point have been discussed previously, and relate to the direct financial losses and reputational issues arising from an infringement landscape which is not properly addressed. A failure to effectively monitor the landscape can also prevent a brand's ability to be able to identify and address emerging areas of concern as they arise. Furthermore, effective brand protection can also be a prerequisite for maintaining robust IP protection, can be a regulatory industry requirement, and can help make a brand a less attractive target for infringers, perhaps encouraging them to turn their attention to competitors who take a less comprehensive approach.
Part of the answer to the problem of measuring the cost of inaction relates to the range of ways in which return on investment (ROI) of brand protection initiatives can be demonstrated, which can have a knock-on effect on the levels of internal company funding for the programmes going forward. ROI calculation is a very broad topic in its own right; calculation frameworks can be based either on previous ('retrospective') or future ('a priori') actions, and are typically highly tailored to the specific requirements of the individual company, with no such thing as a 'one-size-fits-all' approach. Overall, there are a number of key elements which are typically incorporated into ROI calculations. The most common ('classic') approaches tend to take account of factors such as the 'value' of removed infringements, and assumptions regarding the proportion of this revenue which is reclaimable by the brand owner, but there are also a number of other considerations which can be built into into a robust calculation framework. More sophisticated approaches might consider factors such as the scale of long-term changes to the infringement landscape arising from the impact of a mature brand protection programme, benchmarking against peer companies, the 'cleanliness' of search results (i.e. assessment of the volume of non-legitimate links returned in response to brand-specific keywords), the 'ownership of the buy button' on e-commerce marketplaces, and levels of traffic to official online and physical outlets.
This article was first published on 28 May 2026 at:
https://www.linkedin.com/pulse/brand-protection-digital-era-interview-david-fpdoe/






















