IP scams: protecting your charity’s intellectual property

As charities continue to invest in branding and digital engagement, they are increasingly exposed not only to the risks of misuse by third parties, but also to sophisticated IP-related scams. Fraudulent trade mark invoices, misleading registration requests, and aggressive copyright demands are becoming increasingly common.

Trustees should therefore consider both how the charity can protect its intellectual property rights, and how it can protect itself from scams relating to those rights.

Why intellectual property matters

A charity’s branding and content are often closely linked to its reputation and public trust. Names, logos, and campaigns may be central to fundraising activity and stakeholder recognition.

Intellectual property protection can help charities:

Protect their reputation and public identity;
Prevent misuse of the charity’s name or branding;
Maintain consistency across campaigns and fundraising activities;
Support commercial partnerships and collaborations; and
Generate income through publications, licensing, or educational resources.

Trustees have a duty to act in the charity’s best interests and manage the charity’s resources responsibly. Intellectual property should therefore be treated as an important charity asset.

What can a charity protect?

Charity names and logos

A charity’s name and logo are often among its most valuable assets and may be protected through trade mark registration.

Registering a trade mark can provide stronger legal protection and may make it easier to prevent third parties from using similar branding which could confuse donors, beneficiaries, or supporters.

This may be particularly important for charities operating nationally, undertaking public fundraising campaigns, or collaborating with partner organisations.

Campaign names and slogans

Campaign titles, programme names, and slogans may also be capable of protection as trade marks where they are sufficiently distinctive.

For example, a charity may wish to protect the name of a major awareness campaign or fundraising initiative to prevent unauthorised use by third parties.

Publications and website content

Copyright protection generally arises automatically in original written and creative works. This means that many charity materials may already benefit from copyright protection, including:

Reports and research
Educational resources
Fundraising materials
Website content
Blogs and articles
Social media content.

Charities should, however, ensure they actually own the rights in the materials they use. Content created by consultants, freelancers, agencies, or volunteers may not automatically belong to the charity unless appropriate written agreements are in place.

Photographs, videos, and digital media

Images, videos, graphics, and podcasts may also attract copyright protection.

Charities should ensure they have appropriate rights to use:

Stock images
Event photography
Externally produced videos
Third-party music or graphics.

The fact that content appears online does not necessarily mean it is free to use. Unauthorised use of third-party content can expose charities to infringement claims.

Common IP scams affecting charities

Misleading trade mark invoices

One of the most common IP scams involves invoices or payment requests which appear to relate to trade mark registration or renewal services.

These communications may use official-looking branding, refer to genuine trade mark application numbers, and request payment for services which are unnecessary or misleading.

In the UK, official trade mark registrations are handled through the UK Intellectual Property Office (UKIPO). Charities should carefully verify any unexpected correspondence before making payments.

Domain name scams

Charities may also receive communications suggesting that third parties are attempting to register domain names connected to the charity’s branding. Fraudsters may pressure charities into purchasing multiple domains urgently to “protect” their brand.

While domain name protection can be important, charities should assess such claims carefully and seek advice where appropriate.

Copyright demands

Charities may receive allegations regarding unauthorised use of photographs, website content, or other materials online. In some cases, these claims may be legitimate. In others, the demands may be misleading or disproportionate.

Such correspondence should not be ignored, but charities should ensure the position is properly reviewed before making payments or admissions.

Practical steps for trustees

Trustees and operational teams may wish to consider the following practical steps to protect the charity’s IP and reduce risk:

Identify the charity’s key intellectual property assets
Consider whether important branding should be trade mark registered
Ensure consultancy and agency agreements address IP ownership clearly
Keep records of trade mark registrations and renewal dates
Verify unexpected invoices or requests for payment
Implement policies governing use of the charity’s branding and content
Review processes relating to third-party images and materials
Monitor for misuse of the charity’s branding online.

It may also be helpful to ensure staff involved in fundraising, marketing, and communications are aware of common IP scam indicators.

Conclusion

A charity’s name, logo, campaigns, publications, and digital content may represent valuable operational and reputational assets. Protecting these rights is an increasingly important aspect of good governance. At the same time, charities should remain alert to IP-related scams and misleading correspondence, particularly where trade marks and online content are involved.

By taking proactive steps to identify and protect intellectual property, and by implementing appropriate internal safeguards, trustees can help protect both the charity’s reputation and its resources.

Co-authored by: Camille Kwai Pun

This article provides general information and should not be relied on as legal advice. For tailored advice on your specific situation, please contact Shivaji Shiva.