tradition innovation online branding kate legg solicitor
TRANSCRIPT
tradition inn
ovatio
n
Online Branding
Kate Legg
Solicitor
Key Areas
Choosing a Brand
Building aWebsite
Getting the DomainName
Legal Compliance
What makes a good brand?Think of popular Online brands:
Ebay
Yahoo
Bebo
Made up words usually make better brands than descriptive words
Why are descriptive brands popular?
• www.TVguide.com
• www.FindaProperty.com
• www.Cheapinsurance.co.uk
Descriptive domains may increase the volume of traffic to the site
New or Existing Brand?• Do you already have an established reputation/
goodwill in the brand?
www.Virgin.co.uk
• Are you targeting different markets?
• How will trading online impact on your existing distribution network?
Has anyone else beaten you to it?
Consider searches:
• Companies House – Limited Company Names
• Internet – Domain Names
• UK Intellectual Property Office – Trade Marks
Domain Names: Pitfalls• Genuine Concurrent Use – someone with a genuine
business interest has registered first
• Cyber squatting: you can usually get the domain back – at a price
• Domain name front running
• Domaining as an investment – domain names are a valuable commodity
Avoid the Pitfalls by:
• Search before you invest in a brand
• Use reputable, secure services to conduct searches
• Make searches anonymous
• Register quickly after conducting the search
• Consider defensive registrations
• Register a trademark
How do Registered Trade Marks Help?
• Trade marks confer exclusivity
• Generally in a dispute involving a trade mark against a domain name, the trade mark will take precedence
• Easier to enforce rights in trade marks than to enforce unregistered rights
The Lowdown on Trade Marks
The Lowdown on Trade Marks• Decide what you want to register – text and/or logo; is
colour important?• Decide where you need protection – UK, EC or
specific countries outside the UK• UK registration typically takes 6 – 9 months• File an application form• Application will be reviewed by a trade mark examiner• Opposition from existing trade mark owners will be
invited• Application will be published• If no oppositions are raised, trade mark will be
registered following expiry of the opposition period.• Registration lasts for an initial 10 years, then
renewable.
Building a Website: The Pitfalls
• Disputes with Website designers
• Intellectual Property issues (IPR)
Avoid the pitfalls by:
• Choosing a reputable web designer• Having an agreement in place• Considering IPR in all content
Agreements With Web-designers• Scope and specifications – is the website required to
function in a particular way?• Timetable – milestones and launch date• Price – fixed fee or time and materials? Consider
agreeing a cap if using time and materials• Payment – up-front or on completion? Consider stage
payments on reaching certain milestones• Acceptance tests – on completion the site should
perform to the agreed functionality• Ownership of IPR• Protection against IPR infringement• Maintenance and support
Intellectual Property
• Content will be protected by copyright
• The first owner of the rights in the website will be the person who created it.
• Paying someone to build a site for you isn’t enough – get it in writing.
• Photographs and graphics will be protected by copyright
The Lowdown on Copyright
The Lowdown on Copyright• Copyright arises automatically
• Copyright protects rights in text, graphics, music, public performances
• A right to prevent copying, not an exclusive right to the idea
• Copying someone else’s work without their permission is copyright infringement
• Remedies can include damages, injunction and an order for delivery up of infringing items
Legal Compliance: The Pitfalls
• Failure to comply with E-commerce legislation
• Infringing rights under the Data Protection Act
• Accessibility under the Disability Discrimination Act
• Any industry specific requirements?
E-Commerce
• Online brochure or Online store?
• Legislation includes:– Distance Selling Regulations– E-Commerce Regulations– Unfair Contract Terms Act
• Obligation to provide information
• Terms and conditions of sale
• International issues: Jurisdiction
Data Protection
• Eight Data Protection Principles
• Applies to information relating to living, identifiable individuals
• First Principle: Information must be fairly and lawfully processed
• Seventh Principle: Data security
• Eighth Principle: Data Export
Disability Discrimination
• Websites must be accessible to all
• Is your website compatible with auxillary aids?
• Avoid users being timed out if they take longer to navigate the site as a result of a disability
• Guidelines available at www.w3.org
Pro-active Management:How to protect your website • Regularly search the web
• Take action against infringers
• Diarise key dates
• Make new registrations as appropriate
• Train employees
Summary (1)
• Choose a brand carefully
• Check website development agreements and ensure rights in the site have been transferred to you
• Check the domain name is registered to you and consider defensive registrations
• Monitor the Web for others infringing your rights
• Don’t infringe other people’s rights
• Consider registering a Trade Mark
Summary (2)
• Display terms of business and comply with e-selling legislation
• Display a privacy policy on the site and abide by its terms
• Obtain consent where individuals’ details are published on the site
• Review security measures
• Ensure the site is accessible to all
tradition inn
ovatio
n
Questions?
Kate Legg
Tel. 01384 342100