The implications of intellectual property law for the auditing and protection of national and international brands: Part I. Brands in cyberspace

Abstract

Examines the current protection afforded to brand owners within the realms of cyberspace, specifically the World Wide Web. Trade mark law currently provides a benchmark for the law and its attempt to regulate the problematical operation of Internet addresses and Web sites. These commercial sites can be contacted by potential customers through the operation of “Internet domain names”. It is the abuse of these valuable domain names, however, that has aroused considerable controversy for brand owners over recent years. In particular, the apparently powerful terrestrial brands have proved easy targets as cyberbrands – for those rather unscrupulous individuals seeking to take advantage of considerable brand goodwill by placing them on the Internet, only to ransom to the highest bidder, often the (terrestrially) “legitimate owners”. Brand owners must remain vigilant, and this article analyses the curent situation and offers sensible and practical advice for those seeking safe and cost‐effective brand exposure on the Information SuperHighway.

Corporate branding in the new economy

“…brand from its multiple imitators. There is no fixed real estate on the Web – other than the domain name (Elsmore, 2000) – and there are relatively low entry costs for competitors.…”

The implications of intellectual property law for the auditing and protection of national and international brands: Part III. Brands in Europe

“…In this regard, protectable and enforceable trade marks are of the utmost importance. Of course, terrestrially recognisable marks are becoming of increasing importance due to the rise of e-commerce (Elsmore, 2000). Cyberbrands are often based on the loyalty established through a mark's presence in traditional marketplaces.…”