Abstract
Managing a brand online involves several areas of the law, such as advertising, trade mark, 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 looks at the legal aspects of advertising and brand/domain name protection. The second part of the paper, to be published in a later issue of this volume, will look at issues surrounding links between websites and e-commerce.
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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.
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.
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Loosley, R., Richards, S. & Gregory, J. The effect on brand management when a business migrates onto the internet: A legal perspective Part 1: Advertising, trade marks and direct marketing. J Brand Manag 11, 183–196 (2004). https://doi.org/10.1057/palgrave.bm.2540165
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DOI: https://doi.org/10.1057/palgrave.bm.2540165