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Full-Text Articles in Law

Comparative Advertising In The United States And In France, Charlotte J. Romano Jan 2005

Comparative Advertising In The United States And In France, Charlotte J. Romano

Northwestern Journal of International Law & Business

Comparative advertising has been widely used for over thirty years in the United States. By contrast, the use of this advertising format has traditionally been-and still is-very marginal in France. The term "comparative advertising" refers to any form of advertising in which a trademark owner draws a comparison between his product, service, or brand and that of a competitor. The central issue of this article is to determine why, despite identical guiding policies, comparative advertising remains unusual in France while it is commonplace in the United States. Attempting to answer that question unavoidably raises numerous related issues: can the two …


Barbie Banished From The Small Screen: The Proposed European Ban On Children's Television Advertising, Janice H. Kang Jan 2001

Barbie Banished From The Small Screen: The Proposed European Ban On Children's Television Advertising, Janice H. Kang

Northwestern Journal of International Law & Business

This Comment first presents a brief history of European policy governing children's television advertising in Europe and lists the current regula-tions in the various EU member states, ranging from Britain's deferential guidelines to Sweden's draconian stance. The next two sections examine arguments both for and against the ban. Impassioned consumer advocates decry television advertising to children as preying upon young impressionable minds; indignant industry groups marshal arguments such as the increasing sophistication of children and the freedom of commercial speech. Finally, after forecasting a doubtful future for the proposed absolute ban on children's television across Europe, this Comment concludes that …


New Players For The Old Tobacco Game: The Czech Republic And Romania; It's Time To Change The Rules, Susan Meyer Jan 1997

New Players For The Old Tobacco Game: The Czech Republic And Romania; It's Time To Change The Rules, Susan Meyer

Northwestern Journal of International Law & Business

Cigarette and tobacco advertisements have become a part of life in the Czech Republic and Romania. In the Czech Republic, Camel cigarettes, manufactured by R.J. Reynolds, sponsored weddings in which taxis bearing the Camel logo transported guests from the wed- ding to the reception.' In Romania, Kent cigarettes, manufactured by British and American Tobacco Company (BAT), sponsored the ex- tremely popular television show "Dallas."3 Unfortunately, the health consequences of cigarette use, which lead to the annual death of three million people around the world,4 have also become a part of daily life. In 1995, almost 20% of the Czech Republic's …


Nestle, Infant Formula, And Excuses: The Regulation Of Commercial Advertising In Developing Nations, Caryn L. Finkle Jan 1994

Nestle, Infant Formula, And Excuses: The Regulation Of Commercial Advertising In Developing Nations, Caryn L. Finkle

Northwestern Journal of International Law & Business

Advertising has been recognized as one of the most persuasive forms of communication.' Can it also endanger the cultural autonomy of a nation? This comment addresses the potential role of advertising in developing countries and its regulation by the international community. The central question of this analysis is whether or not the advertising of the most developed nations, particularly the advertising produced by the so called "western media,"2 is a threat to the cultural survival of developing countries.' The answer to this question as reflected in the World Health Organization's (WHO) Code of Marketing of Breastmilk Substitutes4 is yes. The …