Law Commons^™

Empirical Evidence Of The Marketing And Corporate Political Activity Interface In Firm Strategy, Jessica Zeiss

Association of Marketing Theory and Practice Proceedings 2020

This qualitative research seeks to shed light on the manner in which marketing and corporate political activity (CPA) interface through senior-level managers acting as key informants. Relying on transcendental phenomenology (n = 41) and grounded theory (n = 402) methods, respectively, Study One uncovers a set of activities difficult to distinguish as either marketing or politics, i.e., legitimacy branding, with Study Two invalidated legitimacy branding as a traditional political strategy. Legitimacy branding’s key characteristics –1) branded reputations, 2) nonmarket targets, 3) for proactive control – position it as marketing-based CPA. While such strategy is generally consistent with previous findings, they …

The Buffering Effect Of Brands For Companies Facing Legislative Homogenization: Evidence From The Introduction Of Sarbanes-Oxley, Felipe Thomaz, Leonce Bargeron, John Hulland, Chad Zutter

Institute for the Study of Free Enterprise Working Papers

Brands not only enhance the positive impact of marketing initiatives, but also buffer the firm from the full consequences of unexpected and negative market shifts. While this protective effect has been demonstrated for firm-specific events (e.g., product recalls, public relations crises), its impact has not been observed in response to market-wide environmental shifts. Our study demonstrates the buffering properties of strong brands in exactly such a context: the passing of new legislation. By examining responses to the introduction of the Sarbanes-Oxley Act of 2002, we show that (1) firms exhibit a rapid and homogeneous response as they comply and adjust …

Trademark Cosmopolitanism, Sonia K. Katyal

Faculty Scholarship

The world of global trademarks can be characterized in terms of three major shifts: first, a shift from national to global branding strategies; second, a shift from national and regional systems to harmonized international regimes governing trademark law; and third, a concurrent shift from local to transnational social movements that challenge branding and other corporate practices. The rise of transnational brands brings with it an attendant series of legal shifts in trademark law. Long considered the stepchild of intellectual property law, today, trademark law has morphed into a powerful global legal phenomenon, revealing a foundational shift from national and regional …

Towards Symmetry In The Law Of Branding, Rebecca Tushnet

Georgetown Law Faculty Publications and Other Works

Companies sometimes want to abandon an old identity and rebrand with a new one. Trademark law probably does not have much to say about rebranding in itself. But we should be careful about how we think about rebranding and other undisclosed source relationships because, if not handled properly, law’s recognition of such techniques could end up reinforcing trademark owners’ ability to deter competition and control free speech.

Stealth Marketing And Antibranding: The Love That Dare Not Speak Its Name , Sonia K. Katyal

Faculty Scholarship

A difficult set of legal issues stem from the crossover between stealth marketing and user generated content in both real and digital space. Today, branding opportunities can be cloaked within ordinary noncommercial expression, as corporate sponsorship extends further and further toward resembling user generated content, making it difficult to discern when content is sponsored and when it is not. Since many forms of stealth marketing often takes place within the nontraditional channels that antibranding occupies (public space, websites, and other forms of media and content), it becomes more difficult then for the consumer to distinguish between the brand and the …

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

Faculty Publications

No abstract provided.

Coolhunting The Law, Mark Fenster

UF Law Faculty Publications

In this essay, I want to use the image of the "coolhunter" to consider what Victor Fleischer has called the "branding moments" in a corporation's legal life -- specifically, those events, most notably in initial public offerings, in which a company, with the assistance of counsel, uses its legal infrastructure and corporate transactions to further its brand. This essay is a small effort to use Fleischer's work to think through these issues by focusing, in turn, on branding, on the various audiences for these branding moments, on the relationship between the brand and transparency norms, and, finally, on the role …

Slides: The Moral And Political Challenges Of Climate Change And Ethics And Climate Change, Dale Jamieson, Michael (Mickey) Glantz

Climate Change and the Future of the American West: Exploring the Legal and Policy Dimensions (Summer Conference, June 7-9)

Presenter: Dale Jamieson, Professor, New York University, New York NY.

Commentator: Michael (Mickey) Glantz, Center for Capacity Building, National Center for Atmospheric Research, Boulder, CO.

9 pages and 13 slides.

Contains references.

The "Branding Effect" Of Contracts, D. Gordon Smith

Faculty Scholarship

In his case study of the MasterCard IPO and its predecessor piece on the Google IPO, Victor Fleischer claims to find evidence of a branding effect of legal infrastructure. The branding effect is not aimed at reducing the potential for opportunism by a counterparty to a contract, but rather at increasing the attractiveness of a product to present and future users or improving the image of a company in the eyes of regulators, judges, and juries. In this essay commenting on Fleischer's work, I endorse the notion that deal structures have branding effects and position Fleischer's work within a larger …

Law School Branding And The Future Of Legal Education, Michael S. Ariens

Faculty Articles

It is too early to determine if law school branding will have a positive or a negative effect on legal education. A recent shift in legal education has led law schools to consciously brand themselves, claiming an educational distinctiveness in selling their services to consumers. Branding is an attempt to create a desire in targeted prospective students to join the branded law school. Although a law school may brand itself by claiming it delivers an excellent legal education, branding is about distinctiveness, not quality. Law schools have used a number of approaches to attract students, including aggressive marketing of a …