Hastings Communications and Entertainment Law Journal


Eric Goldman


Mr. Goldman discusses many important issues that need to be considered when deciding to participate in and when drafting co-branding agreements, but which are often overlooked. As internet co-branding has become ubiquitous as a means of combining one website's functionality and another's marketing muscle in online business, practitioners handling co-branding agreements face the challenge of choosing the correct legal paradigms as starting points in these kinds of negotiations. Co-branding agreements often incorporate advertising, trademark licensing, service provisions and domain name components. In light of this complexity, choosing the wrong starting point can frustrate the process by omitting key issues from the dialogue. Mr. Goldman concludes with a discussion of the possible abuses by large Internet portals in co-branding agreements, which could occur as a result of their market power.