IS THE VIRTUAL GOODWILL A LEGAL REALITY OR NOT?
IS THE VIRTUAL GOODWILL A LEGAL REALITY OR NOT?

Summary/Abstract: The domain name and the web site represent the adress, or better said the shop window of any cyber-trader. These elements make the trader visible and also help him attract clients, by using the electronic commerce (e-commerce). Knowing that, can we take into consideration a trade fund (goodwill) as far as the cyber-trader is concerned? If the answer is affirmative, what are its elements? As far as the clientele is concerned, it is traditionally considered the key element, the essence of goodwill, as it reflects in the trader’s turnover. Without this element, any goodwill is out of the question, we can only find isolated elements which are not connected. In order to consider any cyber-trader as having a virtual goodwill, we should first check the existence of a clientele, and after we should also determine whether this clientele belongs to the trader that chose the internet as a trade market (space). Taking into consideration the electronic commerce, the nature of goodwill and its elements, like the clientele or the website, is complex, and it requires both protection and freedom.

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