Brandjacking occurs when an individual or group misappropriates a company’s brand identity and uses it for financial gain or, in some cases, malicious sabotage. Such schemes can include phishing that links to cloned websites with embedded malware, cybersquatting (registering domain names similar to another company’s to divert traffic) and setting up shops to sell inferior quality products under a stolen brand name. Brandjackers may use pilfered digital assets to lure your existing and prospective customers and clients.

If your business is brandjacked, you could lose revenue and suffer significant reputational damage. One of the best ways to prevent this from happening is to keep your eyes and ears open.

Protect your reputation and assets

Vigilance starts with monitoring online chatter about your brand. Invest in monitoring tools, such as those offered by Google Alerts, Reputation and BrandMentions, to look for online references to your company. Pay attention to both positive and negative commentary. If you discover something strange or suspicious, investigate immediately.

Also protect your domain name. Criminals sometimes register look-alike domain names and then establish competing websites. To prevent this, register variations — including common misspellings — of your domain name and consider purchasing other domain extensions (for example, .biz, .co, .org and .us).

And, of course, good cybersecurity is critical. At a minimum, your business needs firewalls, antivirus software, malware scanners, intrusion detection tools and multifactor authentication. Consider consulting with cybersecurity and fraud experts to help ensure you’ve fortified all potential weak links. In addition, require employees to change their passwords frequently and train them to exercise caution when opening emails and clicking on links and attachments.

Use legal tools

You might want to register your company’s trademark with the U.S. Patent and Trademark Office and, if you conduct business internationally, use the World Intellectual Property Organization’s Madrid System to seek protection in other countries. Doing so won’t stop a determined criminal from compromising your brand, but it can provide you with legal recourse.

If you’re brandjacked (or you simply suspect brandjacking), contact your attorney immediately. Lawsuits can prove expensive and time consuming, yet legal action is the most practical and effective approach in some circumstances. Attorneys who specialize in intellectual property may be able to advise you on protecting your brand online.

Also immediately inform stakeholders of any security breaches or widespread brand impersonation, such as fake websites or phishing emails. Doing so helps protect customers, clients and suppliers from fraud and allows them to support your response by reporting suspicious uses of your brand.

Rebranding as a last resort

Rebranding is rarely necessary. But in situations where your brand is significantly compromised, and other remedies fail, you may want to consider it. While rebranding can require substantial time and financial resources, it could also reinvigorate your marketing efforts and give you an opportunity to reconnect with customers. Just make sure you’ve fully protected your new brand before you relaunch. For questions about brandjacking and keeping your assets safe from fraudsters, contact one of our forensic experts at (888) 388-1040.

Kari Steinbeisser, CPA, CFE, and Partner comments, 

“Brandjacking is no longer just a marketing issue—it’s a financial and reputational risk. When criminals impersonate a trusted brand, they exploit the confidence businesses have worked years to build. Early detection, strong cybersecurity controls, and a coordinated legal response are essential to limiting damage and protecting stakeholders.”