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Cyberlaw and the Global Economy Class 3.1: Image is Everything Harvard Law School Fall, 2004

Cyberlaw and the Global Economy Class 3.1: Image is Everything Harvard Law School Fall, 2004. John Palfrey October 7, 2004. SWOT Analysis & Beyond. Roadmap for today: What are the strengths, weaknesses, opportunities and threats associated with building your brand online?

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Cyberlaw and the Global Economy Class 3.1: Image is Everything Harvard Law School Fall, 2004

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  1. Cyberlaw and the Global EconomyClass 3.1: Image is EverythingHarvard Law SchoolFall, 2004 John Palfrey October 7, 2004

  2. SWOT Analysis & Beyond Roadmap for today: • What are the strengths, weaknesses, opportunities and threats associated with building your brand online? • Second half of class: Sallen v. Corinthians and other trademark/domain name/online brand cases.

  3. Brand online • Strengths: • Global reach: get to more clients • Versatility • Interactive; can get immediate feedback • Easy to gather loads of data (determine where there’s interest in you, which products) • Easy to establish legitimacy • Localize the content • Multiplicity of channels • Cheaper for everyone • Flexibility in terms of 24/7

  4. Brand online • Weaknesses: • Hard to make consistent • Insecure overall • Transparent code, makes copying (altering) easy • Speed leads to mistake • Misappropriation is easy • Smearing is easy and it’s hard to recover • Uncertain legal protections: law in flux • Limited: can’t reach people who are not online • Some people don’t use the technology even if they are online • Some people don’t trust what they read online

  5. Brand online • Opportunities: • You can experiment: alternative ad campaigns. • Can better serve your customers. • Extensive marketing • Opportunity to the little guys: cheaper • Build online communities around your brand • You reach people who are online, who are a favorable demographic • Create a fiercely loyal community (iTunes for Apple) • Sell more to existing clients, over and over, and to reach new customers; different products might be sold • Compulsive shoppers can be reached: recommendations • Complementary products can be sold • Shift elements of production to the consumer

  6. Brand online • Threats: • Possibility of brand tarnishment • Pop-ups allow for free-rider, banner ads as well, within the search environment • Cannibalization for the price support for your own products • Exposure to liability (Dow Jones problem) • Alienation of resellers • Customers are more exposed to the competition • You might tarnish your own brand (over the long-term) • More factors outside your control: slow website of your own • Cultural norms of the internet have been resistant to marketing (intrusive advertising might backfire)

  7. Berkman Center for Internet & SocietyHarvard Law Schoolhttp://cyber.law.harvard.edu John Palfrey October 7, 2004

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