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Cyberlaw and the Global Economy Class 3.1: Image is Everything Harvard Law School Fall, 2003 John Palfrey October 8, 2003.

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Presentation on theme: "Cyberlaw and the Global Economy Class 3.1: Image is Everything Harvard Law School Fall, 2003 John Palfrey October 8, 2003."— Presentation transcript:

1 Cyberlaw and the Global Economy Class 3.1: Image is Everything Harvard Law School Fall, 2003 John Palfrey October 8, 2003

2 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? Demo of Cyveillance technologyDemo of Cyveillance technology 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.

3 Brand online Strengths:Strengths: –Little guys are empowered. –Reach: global & cheaper (because lots of people can access it; users pay the cost of reaching you). –Interactive: user can mold the experience. Think Porsche web site. –Community-building. –Reach a new (younger) demographic. Hook people in earlier than you would otherwise. –Multiple signals at once, reinforcing brand. –Cast net of branding more broadly. –Powerful brands build expectations, enabling people to buy things online that they don’t need to touch.

4 Brand online Weaknesses:Weaknesses: –How easily you lose people online. –Easy to ride on other people’s brand. –Doesn’t work that well. –Accommodate to an audience with different abilities. May have to go to lowest common denominator. –Might over-invest in online branding; competition is fierce. –Due diligence is cheaper, so you might not get as much out of your branding. –Products in real-space can be more attractive than they are online. –The Tiffany problem: you might disappoint. –Interactivity is hard to get right. –The fly-by-night problem. –Tough to control your brand online, manifested many ways: harder to be precise. –Enforcement is hard. Legislation lags behind the tech.

5 Brand online Opportunities:Opportunities: –You can pursue lots of different strategies: Many can be implemented online by many different providers.Many can be implemented online by many different providers. Many can be implemented by one provider. One-to-one, personalization, respond multiple ways to customers (see e.g., Poindexter Systems)Many can be implemented by one provider. One-to-one, personalization, respond multiple ways to customers (see e.g., Poindexter Systems) –Potential for viral marketing: buzz about your brand could spread fast (blair witch, hotmail, move on, evite) –Bypassing national borders, getting global, reaching more people –Low transaction costs –Faster test marketing –Convenience to customers –Access to info for customers –Accessing customers directly: disintermediation (whirlpool, e.g.)

6 Brand online Threats:Threats: –Community is easily built and can be negative to you (microsoftsucks.com, e.g.) –Dilution –Ralphlauren.com diminishes its brand by over-reach. –More information makes activism anti-brand more effective. –Tech puts you at risk for looking bad: your server is slow, then maybe you’re no good at building other things. –Bad for local providers; online branding benefits Wal-Marts. –Customers have a hard time complaining. Customer frustration risk.

7 Berkman Center for Internet & Society Harvard Law School John Palfrey October 8, 2003


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