Mark blogs are a new promising medium. They come from a blogger user, on the basis of a partnership with an advertiser, dedicating all or part of its editorial online content to the exploration of the universe of a mark. Editing implies the appointment of a Director of the publication, the use of a blogging platform and the clear definition of a Charter of rights and obligations for Internet users. The legal regime of this media is determined by its legal environment and multiple contracts that go with it.
The blog is an online public communication service. Blogger is hosted by a platform, but it can also claim quality hosting for comments that it houses. Electronic communications are free (1), they shall remain subject to a regime of liability. Blogs are so subject respectively to the law on the press of 29 July 1881 (case "monputeaux" is there to remind the good memory of Internet users), the Act on confidence in the digital economy of the 21 June 2004, the Act on audiovisual communication, with the law computer and freedoms as well as the usual constraints of advertising law. With regard to an indirect tool for promoting, where advertising is regulated remain, as recalled by the recent ban (2) made the Heineken company promote its products through electronic communications. As this is not a purely personal Notepad, the blog of mark shall be excused from declarative obligations at the CNIL (3) (National Commission on computing and freedoms). Case law decisions, for the time being isolated on the phenomenon, must not conceal the existence of a legal risk. Because the blogosphere is restive at the mercantile use of space, the blog must clearly display its identity, in accordance with the LCEN (4). The nature of the media involves a freedom which differs from that of a merchant or institutional site. The Director of publication is the representative of the trade mark or of Internet users. By initiating a dialogue on its products and services, the brand is exposed to consumer reviews. Director blogger then plays a role of mediator, to one side the denigration and other disguised promotion. In addition, it must satisfy applicable to the exercise of the right of reply (5). The advertiser may accord a right of scrutiny, but Director blogger is not his commercial agent. The contract with the advertiser is to integrate these parameters. The independence of the excluded blogger using a traditional advertising agency services contract. If the contract borrows it certain clauses of style, it must reconcile the creative independence of the blogger with the integrity of the brand image.

Licensing professional
The launch of Notepad requires the conclusion of licensing professional proposed by blogging (Overblog, Typepad...) platforms. The operation of a blog entry by Mark naturally requires the agreement of key stakeholders, namely, the holders of the rights of industrial property in question. This precision is not trivial for the resellers, distributors, fans or lovers of such products or services, which may legitimately initiate such a project without the consent of rights holders. Furthermore, the title of the blog, or "base line", must be the subject of a reservation as a domain name and may constitute a mark derived, which means anticipation searches. In addition, the blog allows the open availability of content protected by intellectual property as well as the particular said the latest report of the CSPLA (6) (High Council of literary and artistic property). The Charter of the blog is designed to determine the authorized uses. In practice, the bloggers are sharing through the system of the "creative commons" (free licenses of rights), should be reconciled with the logic often antagonist of copyright law. Ultimately, the contractual techniques to go beyond the legal constraints inherent in the operation of these blogs of a particular kind.