Open Access. Powered by Scholars. Published by Universities.®

Marketing Law Commons

Open Access. Powered by Scholars. Published by Universities.®

402 Full-Text Articles 366 Authors 270,511 Downloads 60 Institutions

All Articles in Marketing Law

Faceted Search

402 full-text articles. Page 1 of 13.

Facebook And The Future Of Fair Housing Online, Jacob Parker Black 2020 University of Oklahoma College of Law

Facebook And The Future Of Fair Housing Online, Jacob Parker Black

Oklahoma Law Review

No abstract provided.


Kicking The Law: The Effects Of Fifa Regulations On A World Cup Host Country’S Legislative Process In Regards To Intellectual Property Protection, Nicole-Amanda Brandofino 2019 Brooklyn Law School

Kicking The Law: The Effects Of Fifa Regulations On A World Cup Host Country’S Legislative Process In Regards To Intellectual Property Protection, Nicole-Amanda Brandofino

Brooklyn Journal of International Law

Brand protection is highly sought after by large organizations that seek to monetize valuable intellectual property. At the international level, treaties such as the TRIPS Agreement allow for protection amongst signatory nations. As a leader in the international sports field, FIFA has capitalized on its well-known brand throughout the world through the selling of merchandise and licensing to influential third parties. With the occurrence of the World Cup every four years, FIFA strives to uphold the high revenue it earns through its wide intellectual property portfolio. As the World Cup host country prepares for the tournament, it must abide by ...


Intellectual Property For Breakfast: Market Power And Informative Symbols In The Marketplace, P. Sean Morris 2019 University of Helsinki

Intellectual Property For Breakfast: Market Power And Informative Symbols In The Marketplace, P. Sean Morris

Cleveland State Law Review

This Article continues to examine an important question: are trademarks a source of market power, or, put differently, when are trademarks an antitrust problem? This fundamental question is a cause of division among antitrust and intellectual property law scholars. However, by raising the question and presenting some scenarios that can provide answers, my hope is that contemporary antitrust and intellectual property scholars can explore some of its implications. As part of my own quest to address this question, I explore the proposition that creative deception and the wealth-generating capacity of trademarks are unorthodox elements that actually contribute to allegations of ...


Combatting The Opioid Epidemic In Texas By Holding Big Pharma Manufacturers Liable, Katherine Spiser 2019 St. Mary's University

Combatting The Opioid Epidemic In Texas By Holding Big Pharma Manufacturers Liable, Katherine Spiser

St. Mary's Law Journal

Abstract forthcoming


Table Of Contents, Seattle University Law Review 2019 Seattle University School of Law

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.


Metabranding And Intermediation: A Response To Professor Fleischer, Laura A. Heymann 2019 William & Mary Law School

Metabranding And Intermediation: A Response To Professor Fleischer, Laura A. Heymann

Laura A. Heymann

No abstract provided.


A Dangerous Concoction: Pharmaceutical Marketing, Cognitive Biases, And First Amendment Overprotection, Cynthia M. Ho 2019 Loyola University Chicago, School of Law

A Dangerous Concoction: Pharmaceutical Marketing, Cognitive Biases, And First Amendment Overprotection, Cynthia M. Ho

Indiana Law Journal

Is more information always better? First Amendment commercial speech jurisprudence takes this as a given. However, when information is only available from a self-interested and marketing-savvy pharmaceutical company, more information may simply lead to more misinformation. Notably, doctors are also misled. This can result in public health harms when companies are promoting unapproved uses of prescription drugs that the Food and Drug Administration (FDA) has approved for other purposes—commonly referred to as “off-label” uses. Contrary to judicial presumptions, as well as the presumptions of some doctors and scholars, doctors are not sophisticated enough to always discern what is true ...


Influencing Juries In Litigation "Hot Spots", Megan M. La Belle 2019 Catholic University of America

Influencing Juries In Litigation "Hot Spots", Megan M. La Belle

Indiana Law Journal

This Article considers how corporations are using image advertising in litigation "hot spots" as a means of influencing litigation outcomes. It describes how Samsung and other companies advertised in the Eastern District of Texas--a patent litigation "hot spot"--to curry favor with the people who live there, including by sponsoring an ice rink located directly outside the courthouse. To be sure, image advertisements are constitutionally protected speech and might even warrant the highest level of protection under the First Amendment when they are not purely commercial in nature. Still, the Article argues, courts should be able to prohibit such advertisements ...


Something To Wine About: What Proposed Revisions To Wine Labeling Requirements Mean For Growers, Producers, And Consumers, Deborah Soh 2019 Brooklyn Law School

Something To Wine About: What Proposed Revisions To Wine Labeling Requirements Mean For Growers, Producers, And Consumers, Deborah Soh

Brooklyn Journal of Corporate, Financial & Commercial Law

Title 27 of the Code of Federal Regulations governs the standards for the information that is printed on wine bottle labels, including the appellation of origin. Currently, however, wines are exempt from these regulations if they will not be introduced in interstate commerce. There is a proposed amendment to the Code that would bring all wines, regardless of whether they are sold interstate or solely intrastate, under the federal standards for wine labeling. Between the current system, which permits exempt wines to sidestep the regulations, and the proposal, which would exact strict standards of compliance uniformly, lies a middle-ground approach ...


Gdpr Compliance—It Takes A Village, Susy Mendoza 2019 Seattle University School of Law

Gdpr Compliance—It Takes A Village, Susy Mendoza

Seattle University Law Review

When the General Data Protection Regulation (GDPR) came into effect in May of 2018, many legal departments were confronted with the gravity of just how they were going to comply with such a wide-reaching law. If you have international customers (both direct to consumer or business to business), it is not hard to convince your general counsel that compliance with the GDPR is a must. You may even be able to get the chief technical officer (CTO) or chief operating officer (COO) onboard just by mentioning the steep fines—two to four percent of worldwide gross revenue. But how does ...


Requiem For Cyberspace: The Effect Of The European General Privacy Regulation On The Global Internet, Steven Tapia 2019 Seattle University School of Law

Requiem For Cyberspace: The Effect Of The European General Privacy Regulation On The Global Internet, Steven Tapia

Seattle University Law Review

The dream of a perpetual, limitless, non-dimensional space is an idea that has transfixed clergy, philosophers, and poets for ages. Whether it is called “heaven,” “the afterlife,” “nirvana,” or another linguistic stand-in, the dream of a dimension beyond the bounds of time, space, and the laws of nature seems as universal as any concept ever. From its initial development in the 1970s (as a military, academic, and governmental experiment in creating a wholly alternative means of communication capable of surviving catastrophic failures of any parts of the communications conduits) until essentially now, the Internet seemed to be the closest incarnate ...


Privacy Statements Under The Gdpr, Mike Hintze 2019 Seattle University School of Law

Privacy Statements Under The Gdpr, Mike Hintze

Seattle University Law Review

The need to include specific types of information in a privacy statement is a GDPR compliance obligation that does not get as much attention as some other GDPR requirements. Perhaps that is because privacy statements have been much maligned in recent years. They are too long and full of legalese. Nobody reads them. They are part of a notice and consent approach to privacy that puts an unrealistic burden on consumers to make informed choices. But despite these well-known criticisms, the GDPR doubles down on privacy statements. In fact, gauging by the roughly fourfold increase in privacy statement requirements compared ...


Footprints: Privacy For Enterprises, Processors, And Custodians…Oh My!, Blair Witzel, Carrie Mount 2019 Seattle University School of Law

Footprints: Privacy For Enterprises, Processors, And Custodians…Oh My!, Blair Witzel, Carrie Mount

Seattle University Law Review

Americans’ interest in privacy—as evidenced by increasing news coverage, online searches, and new legislation—has grown over the past decade. After the European Union enacted the General Data Protection Regulation (GDPR), technologists and legal professionals have focused on primary collectors of data—known under various legal regimes as the “controller” or “custodian.” Thanks to advances in computing, many of these data collectors offload the processing of data to third parties providing data-related cloud services like Amazon, Microsoft, and Google. In addition to the data they have already collected about the data subjects themselves, these companies now “hold” that data ...


The Gdpr: It Came, We Saw, But Did It Conquer?, Leila Javanshir 2019 Seattle University School of Law

The Gdpr: It Came, We Saw, But Did It Conquer?, Leila Javanshir

Seattle University Law Review

On February 1, 2019, the Seattle University Law Review held its annual symposium at the Seattle University School of Law. Each year, the Law Review hosts its symposium on a topic that is timely and meaningful. This year, privacy and data security professionals from around the globe gathered to discuss the current and future effects of the General Data Protection Regulation (GDPR) that was implemented on May 25, 2018. The articles and essays that follow this Foreword are the product of this year’s symposium.


Privacy, Freedom, And Technology—Or “How Did We Get Into This Mess?”, Alex Alben 2019 Seattle University School of Law

Privacy, Freedom, And Technology—Or “How Did We Get Into This Mess?”, Alex Alben

Seattle University Law Review

Can we live in a free society without personal privacy? The question is worth pondering, not only in light of the ongoing debate about government surveillance of private communications, but also because new technologies continue to erode the boundaries of our personal space. This Article examines our loss of freedom in a variety of disparate contexts, all connected by the thread of erosion of personal privacy. In the scenarios explored here, privacy reducing activities vary from government surveillance, personal stalking conducted by individuals, and profiling by data-driven corporations, to political actors manipulating social media platforms. In each case, new technologies ...


General Data Protection Regulation (Gdpr): Prioritizing Resources, Jennifer Dumas 2019 Seattle University School of Law

General Data Protection Regulation (Gdpr): Prioritizing Resources, Jennifer Dumas

Seattle University Law Review

This Article will discuss and analyze the years of preparation for the GDPR and provide recommendations for dealing with the GDPR forevermore. It will assess whether the preparation and panic were worth it. In other words, was the time, expense, and distraction my peers and I expended and experienced over the past years proportionate to the requirements and impact of the GDPR? Further, was the high level of preparation and panic many legal departments in countless companies undertook and experienced appropriate now that we have had a chance to see the initial impact of the GDPR?


Regulating The Gdpr: Perspectives From The United Kingdom, Hannah McCausland 2019 Seattle University School of Law

Regulating The Gdpr: Perspectives From The United Kingdom, Hannah Mccausland

Seattle University Law Review

Hannah McCausland leads the international group at the UK Information Commissioner’s Office (ICO). The ICO’s International Engagement functions as the gateway to other data protection and privacy authorities on international matters. She’s involved in the work of the EU European Data Protection Board advising the commissioner and the deputy commissioner on international positioning of the ICO, and she has played a key role over the past six years in the ICO’s strategy on navigating the EU’s data protection framework. Hannah has also played a major role at the global level and advancing the practical tools ...


Confiding In Con Men: U.S. Privacy Law, The Gdpr, And Information Fiduciaries, Lindsey Barrett 2019 Seattle University School of Law

Confiding In Con Men: U.S. Privacy Law, The Gdpr, And Information Fiduciaries, Lindsey Barrett

Seattle University Law Review

In scope, ambition, and animating philosophy, U.S. privacy law and Europe’s General Data Protection Regulation are almost diametric opposites. The GDPR’s ambitious individual rights, significant prohibitions, substantive enforcement regime, and broad applicability contrast vividly with a scattershot U.S. regime that generally prioritizes facilitating commerce over protecting individuals, and which has created perverse incentives for industry through anemic enforcement of the few meaningful limitations that do exist. A privacy law that characterizes data collectors as information fiduciaries could coalesce with the commercial focus of U.S. law, while emulating the GDPR’s laudable normative objectives and fortifying ...


The "High" Life: The Regulation, Competitive Advantage, And Ethical Considerations Of Marijuana Advertising, Casey Rockwell, Madeline Burke 2019 University of Arkansas at Little Rock

The "High" Life: The Regulation, Competitive Advantage, And Ethical Considerations Of Marijuana Advertising, Casey Rockwell, Madeline Burke

Atlantic Marketing Association Proceedings

No abstract provided.


Table Of Contents, Seattle University Law Review 2019 Seattle University School of Law

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.


Digital Commons powered by bepress