IngentaConnect The effect on brand management when a business migrates onto the ...

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Abstract:

Managing a brand online involves several areas of the law, such as advertising, trademark, copyright and consumer protection. Due to the internet's location in cyberspace, despite a brand owner's targets and intentions, the brand's web presence can be accessed anywhere in the world, and therefore the legal differences across the various jurisdictions must be taken into consideration. The first part of this paper addressed the legal aspects of advertising and brand/domain name protection on the internet. This second part looks at issues surrounding links from one website to another and consumer protection provisions regarding e-commerce.Journal of Brand Management (2004) 11, 267-279; doi:10.1057/palgrave.bm.2540173

Document Type: Research article

DOI: 10.1057/palgrave.bm.2540173

Affiliations: 1: 1is a partner in commercial law firm Stringer Saul. His areas of work relate to e-commerce, data protection, software development and licensing, and international branding strategies — domain names, trade marks and passing off. He regularly speaks at international legal conferences and contributes papers to specialist journals. He is the author of two booklets published by the European Media Forum dealing with the legal issues raised by the internet. 2: 2obtained his qualifications in 1998 and joined Stringer Saul a year later. He initially worked in patent litigation, but in 2000 took a non-contentious role, specialising in all aspects of deals relating to intellectual property, with a focus on trade marks and patents. He has particular knowledge in relation to the pharmaceutical sector and has had a number of articles published on trade mark rights and parallel imports. This year he obtained a post graduate diploma in EC Competition Law with distinction and has advised on various competition matters, including those in relation to the technology transfer regulations and IP licensing, Article 81 and agreements generally, and Article 82 and questions of dominance and potential abuse. 3: 3qualified as a Solicitor in 1996 and joined Stringer Saul in the same year as a commercial litigation assistant. She has recently specialised in intellectual property litigation, although she maintains a strong commercial litigation background. Her intellectual property work is generated from both the biotechnology/pharmaceutical sector and the publishing/IT sector. Her experience predominantly relates to domain name disputes, trade mark infringement and passing off. Jo is a member of the Law Society's European Group and contributes to articles within the intellectual property sector.

The effect on brand management when a business migrates onto the internet: A legal perspective Part 2: Links and consumer protection