Challenges in Intellectual Property Enforcement in the Online Environment

Protecting a company’s intellectual property (IP) rights online presents a variety of challenges that are not present in the brick-and-mortar realm. From the proliferation of social media platforms to the rise of artificial intelligence (AI), these challenges are continuing to grow and evolve—and IP owners need to do their best to keep pace. This makes it critical to work with an experienced Florida IP infringement attorney.

5 Challenges in Online IP Enforcement Heading Into 2025

Here is a look at some of the primary challenges involved in online IP enforcement as we head into 2025:

1. The Proliferation of Social Media Platforms

While social media has presented challenges for IP enforcement since the early 2000s, the recent proliferation of social media platforms has caused these challenges to grow exponentially. Fifteen years ago, companies could focus on monitoring their brands and content on Facebook and Twitter, and that was just about enough.

Today, however, companies must monitor numerous social media platforms in order to ensure that their IP is not being used improperly. For many companies, this includes not only social media platforms that are popular in the United States but also social media platforms used exclusively (or almost exclusively) in other countries around the world.

2. The Rise of Artificial Intelligence (AI)

With the rise of AI, and generative AI in particular, both bad actors and unwitting IP infringers can create and disseminate an extraordinary amount of infringing content almost instantaneously. While some AI developers have attempted to build IP protections into their platforms for trademark and copyright owners, these protections are inconsistent at best.

While some parties knowingly and intentionally use generative AI to create infringing works, one of the problems with the current generation of AI is that it largely isn’t capable of discerning what is protected and what isn’t. As a result, if a well-intentioned business owner asks a generative AI platform to come up with branding, this can result in the platform generating a logo that clearly infringes upon an existing trademark owner’s exclusive rights.

3. The Global Nature of the Internet

Although not new, the global nature of the Internet continues to present challenges with regard to online IP enforcement. Infringers and counterfeiters can operate anywhere in the world, and putting a stop to unlawful IP-related conduct often involves taking legal action in the jurisdiction where the infringer or counterfeiter is located. The local jurisdiction’s IP laws (in addition to jurisdictional requirements and court procedures) may come into play as well—and, if a company has not registered its IP in the local jurisdiction, it may not have grounds to pursue enforcement.

4. The Anonymity of the Internet

Likewise, the anonymous nature of the Internet continues to present enforcement challengers for IP owners as well. Before evaluating the feasibility of taking legal action overseas, companies may first need to devote resources to identifying and locating the infringer or counterfeiter. This alone can present a variety of challenges; and, if an infringer or counterfeiter knows that its conduct is unlawful, it may take steps to make the process of identification as challenging as possible.

5. The Ease of Digital Content Recreation and Sharing

Even setting aside the issues of social media proliferation and the rise of AI, the Internet makes it extraordinarily easy to recreate and share digital content. From establishing websites that sell counterfeit goods to improperly using trademarks in pay-per-click (PPC) or organic search engine optimization (SEO) marketing, counterfeiters and infringers can unlawfully claim online market share in a variety of ways. Online marketplaces present unique opportunities for counterfeiters and infringers—and unique challenges for IP owners—as well.

Here too, part of the problem is that many counterfeiters and infringers may not realize that their conduct is unlawful. With the Internet making it so easy to conduct business online, many businesses are not doing their legal due diligence before moving forward. Of course, even if counterfeiting or infringement is unintentional, it can still have severe consequences for IP owners. While unintentional violators may be willing to correct their mistakes once they are made aware, a substantial amount of damage may have already been done.

Solutions for Protecting Companies’ IP in the Online Environment

So, now that we have covered some of the challenges involved in IP enforcement in the online environment, what are the solutions that companies can use to protect their IP while continuing to do business online?

Protecting a company’s IP online requires a comprehensive and multi-faceted approach focused on both proactive protection and prompt responsive action. With this in mind, some of the steps companies can (and generally should) take to protect their valuable IP assets include:

• Registration in the U.S. and Abroad – Registration is an essential first step for protecting a company’s valuable IP. When it comes to protecting IP online, this may mean registering both in the U.S. and in one or more jurisdictions around the world.
• Online IP Monitoring (Including Social Media Monitoring) – Companies cannot take action against counterfeiting or infringement if they don’t know that it exists. This makes online IP monitoring a critical component of an effective IP protection program.
• Prompt Enforcement Decision–Making and Action – Beyond knowing that counterfeiting or infringement exists, IP owners must be prepared to take appropriate legal action when necessary. Whether this means using the UDRP, issuing a DMCA notice or taking legal action abroad will depend on the specific circumstances involved.

These are just examples. Every company’s needs are different; and, when it comes to IP protection, a custom-tailored approach is essential. By focusing on their specific risks, companies can protect their IP portfolios online as efficiently and effectively as possible.

Speak with a Florida IP Infringement Attorney at Lott & Fischer, PL

Do you have questions about what your company can (and should) be doing to protect its intellectual property assets online in 2025? If so, we invite you to get in touch. To speak with an experienced Florida IP infringement attorney at Lott & Fischer, PL, please call 305-448-7089 or request an appointment online today.