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

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

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Brand online

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

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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 its hard to recover
• Uncertain legal protections law in flux
• Limited cant reach people who are not online
• Some people dont use the technology even if they
  are online
• Some people dont trust what they read online

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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

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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)

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