It may not be new, but legal cases involving online fraud, such as trademark infringement, have increased over the years. Changes in trademark infringement cases in digital marketing have become increasingly complex. Every time there’s an advancement in technology, like AI, for instance, there’s an opportunity for fraudsters to take advantage and make money.
The American Bar Association posted a piece on developments in intellectual property law and copyright infringement claims. As online platforms evolve, new measures will need to be adopted to keep up. And when a lawyer has a digital fraud case, they want an expert witness who also stays on top of new developments in digital marketing, and that’s me!
I’ve been teaching, writing, and consulting about digital marketing for over two decades. I have been an expert witness in digital advertising and digital marketing for over ten years. And I still love doing all of it! When there’s a new digital tool exploding in the marketplace, like AI, I already understand the connections between it and the established network of platforms, search engines, and tools. But what is an expert witness?
When searching for an expert witness for a digital marketing or advertising case, it is important to understand the necessary qualifications.
Lawyers frequently call expert witnesses to strengthen their case before a jury and a judge. But what is an expert witness for digital marketing?
First, it’s important to understand that digital marketing encompasses SEO, Google Ads, and social media platforms such as TikTok, Instagram, Facebook, and YouTube. It is a very popular marketplace for businesses to advertise. In fact, marketing budgets typically allocate from 50% – 70% to digital marketing efforts. That kind of investment indicates digital marketing brings in a lot of customers! And when there’s money to be made, online fraudsters will seek ways to get a big chunk of it. What an SEO expert witness does is drill down into the complex path showing where digital fraud occurred and how. Then, explain the evidence to a judge and jury so they can connect the dots. Plus, a highly skilled SEO expert witness like myself presents an argument that’s difficult to counter, because the facts will be there at every turn.
Typical SEO fraud marketing cases involve the unauthorized use of brand names, logos, and products. And it’s exploding thanks to complex digital media marketing ‘black hat’ strategies. For example, cybersquatting is when a domain name similar to a well-known brand is registered, creating confusion in consumers. Let’s look at Target stores: Target.com is the official website, but if an individual receives an email from Targetspammydomain.net, they may be misdirected elsewhere.
Other common SEO fraud tactics are fake reviews and fake external links. Phishing may occur as well, that is pretending to be the legit vendor and then stealing personal financial information from the client.
The online marketplace is rife with counterfeit sellers, and enforcement must be relentless to keep up. That is why an expert witness like me can help an attorney make a strong argument in an SEO marketing fraud case!
