Trademark Infringement 101 - How to determine who is bidding on trademarks

Important: When reporting infringement to networks, search engines, hosting services, etc., be sure to provide as much evidence as possible.  Screen shots of the ad, as you saw it displayed on the search engines, of Landing Pages, of Clickstream Investigation results, etc.

When it comes to protecting and defending your trademarks, a fundamental part is identifying just who is bidding on them.  The purpose of this course is to teach you the steps necessary to make this determination.  Each of the “Big Three” Paid Search Engines are similar enough that most of these processes work across all of them.  However, there is a key difference between Google, MSN and Yahoo. Read more

Yahoo Search Marketing revs engine, jumps shark

Jumping the Shark is a term used to describe television shows that are:

typically deemed to have passed their peak, since they have undergone too many changes to retain their original appeal, and after this point critical fans often sense a noticeable decline in the show’s quality.

More specifically,

Jump-the-shark moments may be scenes like the one described above (Happy Days character Arthur “Fonzie” Fonzarelli jumps over a shark) that finally convince viewers that the show has fundamentally and permanently strayed from its original premise. In those cases they are viewed as a desperate and futile attempt to keep a series fresh in the face of declining ratings

The term can apply to anything that has changed to the point of being, in a sense, of rapidly declining value and utility. As of today, I think that Yahoo Search Marketing’s editorial processes may have ‘jumped the shark’. Read more

The debut of T-Labs Research and more…

Today, marks the debut of Transparency Laboratories Research, and maybe not exactly the type of research that might be expected! There are several, very very good, people releasing research demonstrating non-compliant activity, and that is certainly something that we will also be providing in the future too. But, to kickoff our research library, we wanted our first project to be reflective of the general philosophy of Transparency Labs. We could have named the company “Compliance Assurance Associates”, with a tag line of “Keeping your program clean, compliant and confident”, but that’s not who we are, although that is what we can do. Read more

Non-Compliant Actors in Affiliate and Internet Marketing as a Complex Adaptive System

“It is said that if you know your enemies and know yourself, you will not be imperiled in a hundred battles; if you do not know your enemies but do know yourself, you will win one and lose one; if you do not know your enemies nor yourself, you will be imperiled in every single battle.”
- Sun Tzu, The Art of War

“My father taught me many things here — he taught me in this room. He taught me — keep your friends close but your enemies closer.”
- Michael Corleone, The Godfather Part II

Abstract:
Non-compliance in Affiliate and Internet Marketing poses threats to legitimate affiliates and marketing partners, to the advertisers, to the online ad networks, and to the Internet at large. There is a vast range of non-compliant promotional methods, however the root reasons for the activity(ies) are relatively simple - greed, coupled with a varying degree of disrespect-for-authority/rules. Research and investigation has shown that monitoring and enforcement has had a perturbation effect on non-compliant marketers, responsible, in some ways, for their adaptive behavior. It should be duly noted that competition with both compliant and other non-compliant marketers, as well as changes in the “Internet environment” are also prime-motivators for the emergence and necessity of evolutionary non-compliant behavior. This paper investigates non-compliant Affiliate and Internet Marketers (black hats) as a Complex Adaptive System (CAS). In it, I hope to describe how CAS behaviors can be applied to black hats, define a mechanism for their behavior (Zorro Syndrome), and offers suggestions for non-compliance detection and enforcement, consistent with CAS. Read more

Zorro Syndrome

Zorro Syndrome is a psychological construct and an evolution of Robin Hood Syndrome, used to describe the behavior of non-compliant actors in Affiliate and Internet Marketing.

The name Zorro Syndrome was chosen to describe the Complex Adaptive System (CAS) model for the behavior of non-compliant Affiliate and Internet Marketers for a number of reasons. First, Zorro has a heroic image that highlights the importance of perspective in the analysis of the CAS. To some, usually representing ‘The System’, Zorro was a thief, traitor, and - these days he’d be called - a terrorist. To others, he was revolutionary, champion-of-the-people, and courageous hero. This dual perspective exists for ‘black hats’ and their activity as well. Second, Zorro, through his true identity, Don Diego de la Vega, had a deep understanding of “The System”, believed it corrupt (or, at least corruptible), and used his knowledge, and position, to the benefit of the Zorro persona and mission. Black hats, using their knowledge of “The System” do the same to further their goals. Third, while having compatriots and sympathizers, Zorro almost always acted against “The System” alone. Non-compliant Affiliates and Internet Marketers generally follow the same pattern, seldom actively working with anyone, yet there are still levels of contact and communication. Fourth, central to the Zorro legend is mistrust of authority. While enjoying a position of wealth and nobility, Don Diego/Zorro, believed “The System” was corrupt and exploitative, and acted against it. A hallmark of black hat psychology is mistrust of authority, which can have both an amplifying and dampening effect on an individuals response to compliance actions. Lastly, Zorro wore a black hat, and there is no rule saying that a research paper cannot also be ‘a little fun’.

Zorro Syndrome encompasses a variety of behaviors, which arise from the application of a short list of simple rules that exist within the context of the complex adaptive system. Meaning, that the emergent behavior of individuals, and of the CAS, results from the iterative application of these rules. Additional research is require to increase the list and the extent of the behavior. The rules are:

1. The future is uncertain.
2. You will either be a Master of The System, or its Servant.
3. They are out to get you.
4. The ends justify the means

White Hat

Within the context of Affiliate and Internet Marketing, a “White hat” would be an affiliate or partner that promotes within compliance and does not manipulate the system to their benefit.  They are contrasted with “Black Hats“, which would be an affiliate or partner, motivated by greed, that cheats-the-system to earn commissions through non-legitimate promotional methods or fraudulent activity.

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