Traditional forms of advertising, such as radio, television, magazine and newspapers are still widely used, however the Internet has provided a whole new set of marketing tools.
Many companies send e-newsletters which direct consumers to the brand’s Facebook page, website, blog, or to read what others have to say on Twitter.
Since anyone can set up their own blog, and it seems that everyone Twitters, many may feel that Internet marketing is the perfect alternative to traditional and sometimes more expensive advertising. It’s quick, easy and can reach countless people in a very short period of time.
Of course marketers still need to be cautious and make sure the appropriate legal protections are in place to ensure their ideas aren’t copied, and used for someone else’s benefit.
Most people know that Copyright and trademark law protect traditional forms of advertising such as text, slogans, and images, but they also cover more recent forms such as, website design and domain names.
At a recent Advertising and Marketing Law conference in Toronto, lawyers were reminded of the importance of registering domain names at the outset, when launching a new product, “whether or not it is going to be used as part of the branding process”.
It is the easiest way to prevent Cybersquatting, which is when someone else registers your domain name, hanging on to it, with the hopes that your product will take off, and they can sell the name back to you, when it is of great value.
Although it is possible to challenge domain registrations by “proving that it was registered in bad faith”, this can be difficult, and it is far more effective to register at the outset to save time and money. Another form of internet advertising is to use third party platforms such as blogs, Facebook or Twitter to promote a product.
There are risks associated with this also. For example, if a company runs a contest or promotion on Facebook, they are using someone else’s platform, which means they are not in control.
The social networking site controls the platform, and they can decide to shut you down at any time.
It was also noted at the Toronto Conference that it is safer to run contests, promotions or other marketing campaigns on a company’s own website, using third party sites only to direct “traffic to that site.”
Another issue that may arise when using third party sites such as Facebook, is the question as to who owns the content of the pages.
If you are thinking of using Internet marketing tools, make sure you are properly protecting by speaking with a lawyer who is familiar with Intellectual Property and Marketing laws.
Legally Speaking appears every second week in LIFE. It is intended for information purposes only. Readers with a specific legal problem should consult a lawyer. This week’s column was written by Gina Toni, of the Red Deer law firm Duhamel Manning Feehan Warrender Glass.Toni can be reached at 343-0812 or at www.reddeeraltalaw.com.