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Articles 1 - 11 of 11
Full-Text Articles in Law
Keeping The Status Quo: Why Continuing To Recognize The Presumption Of Irreparable Harm In False Comparative Advertising Protects The Market, Max Dillan
Fordham Journal of Corporate & Financial Law
Legal action challenging a company’s advertisement for containing false or misleading statements is a more recent development in the American legal system. The market’s utilization of advertising to promote sales has grown steadily to the point where the frequency with which it now permeates everyday life is almost constant. Lawsuits challenging many of these advertisements have increased as well. The swelling influence of advertisements in the marketplace and the complementary rise in false advertising litigation is relevant for both companies and consumers alike. As litigation continues to grow as an outlet for companies to safeguard their brands, consumers will find …
Celebrity Endorsements In Non-Traditional Advertising: How The Ftc Regulations Fail To Keep Up With The Kardashians, Leah W. Feinman
Celebrity Endorsements In Non-Traditional Advertising: How The Ftc Regulations Fail To Keep Up With The Kardashians, Leah W. Feinman
Fordham Intellectual Property, Media and Entertainment Law Journal
Advertisers have used the rise of reality television, social media, and the public's fascination with celebrities to connect with consumers in new and non-traditional ways. With these new techniques come new concerns over consumer protection. When an advertisement does not look like an advertisement, consumers can easily be misled. In 2009, the FTC implemented a set of Guides which were intended to clarify and interpret the regulations enforced by the FTC, and advise the public on how to conduct affairs regarding sponsorship disclosure, specifically in new media. As the note describes, the Guides are insufficient as applied to non-traditional advertising …
The Next Generation Of Greenwash: Diminishing Consumer Confusion Through A National Eco-Labeling Program , Jessica E. Fliegelman
The Next Generation Of Greenwash: Diminishing Consumer Confusion Through A National Eco-Labeling Program , Jessica E. Fliegelman
Fordham Urban Law Journal
Since the 1990's there has been a continuously growing movement among advertisers to appeal to consumers by touting how environmentally friendly their products are. This note addresses the prominence of misleading and deceptive environmental claims that have prompted appeals for improved federal regulation. Specifically, the Note focuses on the emerging trend of carbon advertising and national and international models that provide guidance on preventing deception. Part I conveys the current status of environmental advertising and the necessary background principles for establishing regulations. Part II details major criticisms of the current environmental advertising guidelines and proposed models for restructuring environmental advertising …
Attorneys As Debt Relief Agencies: Constitutional Considerations, Marisa Terranova
Attorneys As Debt Relief Agencies: Constitutional Considerations, Marisa Terranova
Fordham Journal of Corporate & Financial Law
No abstract provided.
Confusion Is The Key: A Trademark Law Analysis Of Keyword Banner Advertising, Kurt M. Saunders
Confusion Is The Key: A Trademark Law Analysis Of Keyword Banner Advertising, Kurt M. Saunders
Fordham Law Review
Keyword banner advertising is a form of targeted online marketing practice whereby a banner ad is displayed on a search engine results page. The banner ad is triggered by the keyword used in the search. Many search enginges sell trademarks as keywords for the purpose of displaying their own advertising. Some have argued that this practice should lead to liability for trademark infringement or dilution. Given the realities of online marketing and the underlying policies of trademark law, this is unlikely. Rather, this practice should be regarded as trademark fair use and treated as a form of lawful comparative advertising.
The Applicability Of The Fair Use Defense To Commercial Advertising: Eliminating Unfounded Limitations, Manal Z. Khalil
The Applicability Of The Fair Use Defense To Commercial Advertising: Eliminating Unfounded Limitations, Manal Z. Khalil
Fordham Law Review
No abstract provided.
Federal Preemption Of The Right Of Publicity In Sing-Alike Cases, Leonard A. Wohl
Federal Preemption Of The Right Of Publicity In Sing-Alike Cases, Leonard A. Wohl
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Why Lawyers Should Be Allowed To Advertise: A Market Analysis Of Legal Services , Geoffrey C. Hazard Jr., Russell G. Pearce, Jeffrey W. Stempel
Why Lawyers Should Be Allowed To Advertise: A Market Analysis Of Legal Services , Geoffrey C. Hazard Jr., Russell G. Pearce, Jeffrey W. Stempel
Faculty Scholarship
Last August, the American Bar Association adopted the Model Rules of Professional Conduct which significantly altered the ABA' position on lawyer advertising. It is still unclear how the states will respond to the ABA's new position, and the debate about the propriety of lawyer advertising continue. In the authors' view, both sides of the debate have overlooked an important point: For purposes of analyzing the advertising problem, legal services are of two types, and the effect of advertising on the legal services market will vary with the type of service involved."Individualized" services involve legal matters that pose a significant risk …
Fair Trial V. Unfair Advertising: Jury Award Advertising And The First Amendment, Bernard J. Rhodes
Fair Trial V. Unfair Advertising: Jury Award Advertising And The First Amendment, Bernard J. Rhodes
Fordham Law Review
No abstract provided.
Advertising Regulation: The Contemporary Ftc Approach, Gerald J. Thain
Advertising Regulation: The Contemporary Ftc Approach, Gerald J. Thain
Fordham Urban Law Journal
This article deals with the Federal Trade Commission's traditional activities of adjudication and rule-making by discussing expansion of theories of violation, standards of proof and remedies in advertising cases brought under section 5 of the FTC Act. Specifically, the article discusses pending cases and the FTC's involvement in deceptive advertising, the "Unfairness Doctrine," and the problems associated with advertising targeted at children. The article then evaluates the FTC's alternative approaches to adjudication and rule-making through its substantiation program and stance on counter-advertising.
Advertisements Which Identify "Brand X": A Trialogue On The Law And Policy, Lawrence D. Gaughan
Advertisements Which Identify "Brand X": A Trialogue On The Law And Policy, Lawrence D. Gaughan
Fordham Law Review
No abstract provided.