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?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.Second half of class: Sallen v. Corinthians and other trademark/domain name/online brand cases.

Brand online Strengths: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

Brand online Weaknesses: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

Brand online Opportunities :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

Brand online Threats :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) –

Berkman Center for Internet & Society Harvard Law School John Palfrey October 7, 2004