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Articles 1 - 8 of 8
Full-Text Articles in Marketing Law
Truth In Advertising For Environmental Sustainability, Robin M. Rotman, Aidan David-Pennington
Truth In Advertising For Environmental Sustainability, Robin M. Rotman, Aidan David-Pennington
Faculty Publications
“Sustainability” is in—but what does that term mean, when applied to products, services or brands? This article explores existing Federal Trade Commission (“FTC”) oversight of “sustainable” claims in marketing, centering on the FTC’s Guidelines for the Use of Environmental Marketing Claims (often referred to as the “Green Guides”). It analyzes thousands of public comments filed in a recent FTC quasi-rulemaking docket to inform proposed revisions to the Green Guides. The article suggests that the FTC include guidance on “sustainable” claims in its next revision to the Green Guides, and further recommends that the FTC formally extend the Green Guides to …
Innovation Challenges In The Air Force Sbir Program: From The Small Businesses' Perspective, Hart J. Holt, Amy M. Cox, Scott Drylie, David S. Long, Alfred E. Thal Jr., Robert D. Fass
Innovation Challenges In The Air Force Sbir Program: From The Small Businesses' Perspective, Hart J. Holt, Amy M. Cox, Scott Drylie, David S. Long, Alfred E. Thal Jr., Robert D. Fass
Faculty Publications
Every year the United States invests $3.2 billion in the Small Business Innovation Research (SBIR) program to promote innovation among the nation’s small businesses. Half of this investment is from the DoD. This research considers the challenges faced by small businesses innovating with the DoD, particularly those awarded SBIR contracts with the United States Air Force. The authors surveyed 286 unique small businesses that were previously awarded an Air Force SBIR contract. By asking the survey respondents open-ended questions and categorizing their responses, they pinpoint unaddressed challenges from the small business perspective. By categorizing survey responses through Qualitative Content Analysis, …
Greenwashing No More: The Case For Stronger Regulation Of Environmental Marketing, Robin M. Rotman, Chloe J. Gossett, Hope D. Goldman
Greenwashing No More: The Case For Stronger Regulation Of Environmental Marketing, Robin M. Rotman, Chloe J. Gossett, Hope D. Goldman
Faculty Publications
Fraudulent and deceptive environmental claims in marketing (sometimes called “greenwashing”) are a persistent problem in the United States, despite nearly thirty years of efforts by the Federal Trade Commission (FTC) to prevent it. This Essay focuses on a recent trend in greenwashing - fraudulent “organic” claims for nonagricultural products, such as home goods and personal care products. We offer three recommendations. First, we suggest ways that the FTC can strengthen its oversight of “organic” claims for nonagricultural products and improve coordination with the USDA. Second, we argue for inclusion of guidelines for “organic” claims in the next revision of the …
Metabranding And Intermediation: A Response To Professor Fleischer, Laura A. Heymann
Metabranding And Intermediation: A Response To Professor Fleischer, Laura A. Heymann
Faculty Publications
No abstract provided.
Electronic Billboards Along The Information Superhighway: Liability Under The Lanham Act For Using Trademarks To Key Internet Banner Ads, Christine Galbraith Davik
Electronic Billboards Along The Information Superhighway: Liability Under The Lanham Act For Using Trademarks To Key Internet Banner Ads, Christine Galbraith Davik
Faculty Publications
With almost one billion web pages on the Internet today, a search engine is a necessity at times. But search engines are also for-profit ventures and the financial success of these sites hinges on advertising revenue. One of the ways in which these sites generate income is by selling “keywords” to advertisers. Although there has been only one judicial decision – Playboy Enterprises, Inc. v. Netscape Communications – involving banner ads keyed to trademarks, it will undoubtedly not be the last. This article argues that despite the invisible nature of this unauthorized trademark use, the common practice of keying a …
Coercive Appointments Of Counsel In Civil Cases In Forma Pauperis: An Easy Case Makes Hard Law, William B. Fisch
Coercive Appointments Of Counsel In Civil Cases In Forma Pauperis: An Easy Case Makes Hard Law, William B. Fisch
Faculty Publications
The power to appoint an unwilling attorney, whether judicial or statutory in origin, has been challenged in principle on three grounds, founded in the Federal Constitution and its state counterparts: (i) that to require the lawyer to serve constitutes involuntary servitude, within the meaning of the thirteenth amendment;' (ii) that it constitutes an unlawful taking of property, or at the very least constitutes a taking for a public use which requires just compensation, under the fifth amendment;8 and (iii) that to subject attorneys as a class to such an obligation constitutes discrimination which would deny them equal protection of the …
Products Liability--An Analysis Of Market Share Liability, David A. Fischer
Products Liability--An Analysis Of Market Share Liability, David A. Fischer
Faculty Publications
In Sindell v. Abbott Laboratories the Supreme Court of California created the market share liability theory of recovery for products liability cases. The innovative Sindell theory, which applies to certain products liability cases in which causation is either questionable or difficult to prove, departed significantly from the traditional tort principles of causation and liability. The theory allows plaintiffs to recover damages for their injuries, but it discounts the defendant's liability by the probability that it did not cause the harm.
State Regulation Of Alien Land Ownership, William B. Fisch
State Regulation Of Alien Land Ownership, William B. Fisch
Faculty Publications
In the 1970's, due to a number of factors only one of which is the new-found wealth of the oil-producing nations, the volume of foreign direct investment in the United States has increased dramatically. The magnitude of this capital inflow, while it is doubtless beneficial in many respects, has caused widespread alarm over the possibility of a loss of economic sovereignty. Over the last several years efforts have been made to establish a national system of control over such investment. These efforts are continuing, but so far without conspicuous success.