IP and online retail
Establishing an online presence (either instead of or in addition to trading through physical stores) means that retailers can reach a wider customer-base and makes it easier and more convenient for customers to use their services.
This Practice Note sets out guidance on IP strategy for online retail. In particular, it deals with protecting the IP rights in an online retail business, securing necessary IP rights from third parties, avoiding infringement of third-party rights and enforcing IP rights against infringers. It covers issues such as choosing a brand name, setting up an online retail website, carrying out promotional activity and dealing with suppliers. It also considers the role of emerging technologies such as artificial intelligence (AI) and the Metaverse.
The key issues to be considered are as follows:
Choosing a brand name
When establishing an online retail strategy, careful thought should be given to securing appropriate IP rights to use in connection with the retail services, and to enforcing them against infringers.
The choice of a brand name is key. It will act
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