Avoid Doing This in Your Next Trademark Case

We’ve seen it a hundred times. A law firm gets a new trademark case and the first thing they do is start investigating websites and social feeds. This is a really big mistake—and here’s why.

Although you may not always know it, you are probably leaving a digital footprint when you review and examine websites of potential infringers, counterfeiters and litigants.

Let’s examine WHY that is true.

IP Addresses—The first thing to understand is how IP addresses work. If you’re accessing the web from your office, your firm likely has a STATIC IP address which means that the IP address doesn’t change, and it’s registered to your firm with your ISP (Internet Service Provider). If you’re working from home or from a coffee shop and you DON’T connect to your office via a VPN or other remote desktop software your IP address is likely a DYNAMIC one. This means that the IP address changes from time to time and it is more difficult for websites to identify who you are, where you and where you work.

Cookies—are bits of code inserted into your personal browser, letting a particular website collect information about your activity there assuming you OPT in or allow them to do so. This is how a website seems to “remember” you when you visit again. Now due to the privacy invasion nature of cookies and the subsequent litigation and penalties associated with these, the tech industry has been moving away from them. Other data such as your operating system and browser specifications, along with hardware such as your processor, graphics, and monitor may seem anonymous, but when assembled, that data can form a unique profile that helps companies identify you — even without cookies.

Tracking—many websites, especially those with e-commerce functionality track who is on their website and where that traffic originated. This allows them to COOKIE visitors. If you are accessing a website from a STATIC IP address websites have software that allows them quickly to conduct a reverse search and notify the website owner of companies that are on their website. This is typically for marketing purposes, but it can also reveal if a lawyer or paralegal is inspecting or examining a website. The software will reveal the time spent on the site, the number and the exact pages visited—and if any forms were completed. This software can also allow website operators to be notified about repeat visitors based on certain criteria.

Some websites are even running software on their website pages that allows them to see a heat map that tracks where your mouse travels and where you are clicking on the page. This means if you are thoroughly investigating a product or service on a website, they will be able to see your digital vapor trail. Kinda creepy, but especially good to know when you’re using the firm’s computers for any investigation work.

So, What SHOULD You Do?

Use a VPN – You might be using one already, but if you aren’t this should be your first question to your IT director or IT company at your next meeting. There are several options out there like NordVPN or Surfshark. The services allow you to connect dto the Internet from an IP address that does not tie back to your firm. You can even elect to select an IP address that is tied to another country.

Another option— Tor Browser. The Tor Project is all about protecting users from invasive technology and their browser, The Tor Browser is what you want to be using for any investigations work when you want to keep your identity very private. Again, check with your IT director or your firm’s IT company—and then, if approved, download it here: https://www.torproject.org/download/

Suggestion – The next time you are at your office go to IPChicken.com and find out what your IP address is. Then when you are working remotely or from home run the same search and confirm that the IP is different.

 

Of course, outsourcing all this work is the very best way to avoid any sort of tracking on your part. There is no way to track a law firm’s involvement in this type of investigations research if no search comes from the firm. At Santoni Worldwide, we do this kind of investigations work all the time.

As we’ve seen so many times, success or failure in the courtroom or during the case or settlement process depends on having the very best, most detailed information. That’s why great attorneys and law firms across the country work with the worldwide team of Santoni Investigations who will ensure you know everything to make the right decisions and maximize the settlement process or win your case in court!