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Marketing Law Commons™

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2013

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Institution
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Articles 31 - 39 of 39

Full-Text Articles in Marketing Law

#Bewareofovershare: Social Media Discovery And Importance In Intellectual Property Litigation, 12 J. Marshall Rev. Intell. Prop. L. 449 (2013), Jennifer K. Gregory Jan 2013

#Bewareofovershare: Social Media Discovery And Importance In Intellectual Property Litigation, 12 J. Marshall Rev. Intell. Prop. L. 449 (2013), Jennifer K. Gregory

UIC Review of Intellectual Property Law

As the use of social media continues to expand, lawyers will increasingly rely on evidence gleaned from social media sources. This is already true in several areas of litigation, including various types of intellectual property litigation. Thus far, the rules of civil procedure, evidence, and professional conduct have addressed many of the issues that arise regarding the acquisition and use of social media evidence. Lawyers should at least investigate social media usage by key parties in each particular case in order to be aware of what social media evidence could be available. Lawyers are also responsible for having a basic …

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Mad Men Posing As Ordinary Consumers: The Essential Role Of Self-Regulation And Industry Ethics On Decreasing Deceptive Online Consumer Ratings And Reviews, 12 J. Marshall Rev. Intell. Prop. L. 462 (2013), Lucille M. Ponte Jan 2013

Mad Men Posing As Ordinary Consumers: The Essential Role Of Self-Regulation And Industry Ethics On Decreasing Deceptive Online Consumer Ratings And Reviews, 12 J. Marshall Rev. Intell. Prop. L. 462 (2013), Lucille M. Ponte

UIC Review of Intellectual Property Law

Technology provides consumers with new ways to avoid advertisements, such as fast forwarding through TV commercials and using filtering software to block pop-up ads. Accordingly brand sponsors and their advertising marketing firms have sought alternative methods to pierce through consumer resistance to ads. Social media offers an optimal platform to reach millions of consumers on a nearly daily basis who interact and often rely heavily on the reviews and rankings of fellow consumers. However, many of today’s branding campaigns now mask sponsored ads as ordinary consumer reviews or “Like” and “Don’t Like” responses to a service or product. Unbeknownst to …

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Outspoken: Social Media And The Modern College Athlete, 12 J. Marshall Rev. Intell. Prop. L. 509 (2013), Meg Penrose Jan 2013

Outspoken: Social Media And The Modern College Athlete, 12 J. Marshall Rev. Intell. Prop. L. 509 (2013), Meg Penrose

UIC Review of Intellectual Property Law

The First Amendment to the United States Constitution grants American citizens the right to free speech. However, in the case of college athletes, this right is not without limitation. In exchange for the privilege of participating in college level athletics, college athletes voluntarily agree to terms that restrict their abilities to speak freely, specifically in the context of social media platforms. This article details situations in which college athletes have made offensive statements via social media for which they later needed to delete, explain, and apologize. These examples support the notion that restrictions on college athletes’ speech are not only …

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The Emerging Reality Of Social Media: Erosion Of Individual Privacy Through Cyber-Vetting And Law’S Inability To Catch Up, 12 J. Marshall Rev. Intell. Prop. L. 551 (2013), Saby Ghoshray Jan 2013

The Emerging Reality Of Social Media: Erosion Of Individual Privacy Through Cyber-Vetting And Law’S Inability To Catch Up, 12 J. Marshall Rev. Intell. Prop. L. 551 (2013), Saby Ghoshray

UIC Review of Intellectual Property Law

The rise of social media means that data about a large number of people is available in public and quasi-public digital locations. Employers, keen on taking advantage of this additional data to decrease the risk associated with an offer of employment, are engaging in “cyber-vetting”—non-consenting social media searches conducted by third parties or the employers themselves. To the extent that current law applies to this practice, the regulation it provides is weak and attacks only part of the problem. Left unchecked, cyber-vetting has the potential to fundamentally alter the scope of prospective employees’ rights. This article surveys the legal and …

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Memetic Theory, Trademarks & The Viral Meme Mark, 13 J. Marshall Rev. Intell. Prop. L. 96 (2013), Shontavia Jackson Johnson Jan 2013

Memetic Theory, Trademarks & The Viral Meme Mark, 13 J. Marshall Rev. Intell. Prop. L. 96 (2013), Shontavia Jackson Johnson

UIC Review of Intellectual Property Law

This Article proposes that memetic theory is a useful lens through which to view trademarks, particularly as there has been a rise in the number of applications for culturally-driven words and catchphrases in the United States Patent and Trademark Office. Memetic theory, or memetics, is a scientific field related to how units of information evolve and replicate. These units of information, called memes, undergo a process of natural selection comparable to that of genes. To survive as trademarks, memes must not only exist in the proper form, but they must also subsist in an environment where replication, variation, and selection …

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Comparing Apples And Oranges In Trademark Law: Challenging International And Constitutional Validity Of Plain Packaging Of Tobacco Products, 13 J. Marshall Rev. Intell. Prop. L. 130 (2013), Sarah A. Hinchliffe Jan 2013

Comparing Apples And Oranges In Trademark Law: Challenging International And Constitutional Validity Of Plain Packaging Of Tobacco Products, 13 J. Marshall Rev. Intell. Prop. L. 130 (2013), Sarah A. Hinchliffe

UIC Review of Intellectual Property Law

Plain packaging, a new tobacco control tool being considered by a growing number of countries, mandates the removal of all attractive and promotional aspects of tobacco product packages. As a result of plain packaging, the only authorized feature remaining on a tobacco package is the brand name, displayed in a standardized font, size, color, and location on the package. At issue is the meaning of “use” of trademarks on plain packaging, and whether plain packaging amounts to the creation of an invalid encumbrance. The tobacco industry and other regulated sectors (including wine, fast-food, and pharmaceuticals) also believe that plain packaging …

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A Matter Of National Importance: The Persistent Inefficiency Of Deceptive Advertising Class Actions, Stacey M. Lantagne Jan 2013

A Matter Of National Importance: The Persistent Inefficiency Of Deceptive Advertising Class Actions, Stacey M. Lantagne

Journal of Business & Technology Law

No abstract provided.

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Google And Search-Engine Market Power, Mark R. Patterson Jan 2013

Google And Search-Engine Market Power, Mark R. Patterson

Faculty Scholarship

A significant and growing body of commentary considers whether possible manipulation of search results by Google could give rise to antitrust liability. Surprisingly, though, little serious attention has been paid to whether Google has market power. Those who favor antitrust scrutiny of Google generally cite its large market share, from which they infer or assume its dominance. Those who are skeptical of competition law’s role in regulating search, on the other hand, usually cite Google’s 'competition is only a click away' mantra to suggest that Google’s market position is precarious. In fact, the issue of Google’s power is more complicated …

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Affixing The Service Mark: Reconsidering The Rise Of An Oxymoron, Peter J. Karol Jan 2013

Affixing The Service Mark: Reconsidering The Rise Of An Oxymoron, Peter J. Karol

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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