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Articles 661 - 690 of 803

Full-Text Articles in Marketing Law

A Fictional Tale Of Unintended Consequences: A Response To Professor Wertheimer, Aaron Twerski, James A. Henderson Jr. Apr 2005

A Fictional Tale Of Unintended Consequences: A Response To Professor Wertheimer, Aaron Twerski, James A. Henderson Jr.

Cornell Law Faculty Publications

No abstract provided.


Regulating The Regulators: The Impact Of Fda Regulation On Corporations' First Amendment Rights, 39 J. Marshall L. Rev. 95 (2005), Lisa M. Fealk-Stickler Jan 2005

Regulating The Regulators: The Impact Of Fda Regulation On Corporations' First Amendment Rights, 39 J. Marshall L. Rev. 95 (2005), Lisa M. Fealk-Stickler

UIC Law Review

No abstract provided.


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 …


Bring It On: The High-Stakes Battle Over Whether The Courts, Congress Or The Fec Should Muzzle Independent "527" Television Advertising, Christopher G. Johnson Jan 2005

Bring It On: The High-Stakes Battle Over Whether The Courts, Congress Or The Fec Should Muzzle Independent "527" Television Advertising, Christopher G. Johnson

Vanderbilt Journal of Entertainment & Technology Law

This Note analyzes possible FEC actions, pending court decisions, and proposed legislation that could once again dramatically change the landscape of political advertising. Section I of this Note examines the BCRA and the Supreme Court's subsequent ruling in McConnell v. FEC that created the environment that caused 527's to flourish. Section II focuses on FEC enforcement of campaign finance laws and examines a pending court case considering whether the FEC acted arbitrarily by failing to require all 527's to register as political committees. Section III considers whether courts or law-makers should require 527's to register as political committees in light …


Scylla Or Charybdis: Navigating The Jurisprudence Of Visual Clutter, M. Ryan Calo Jan 2005

Scylla Or Charybdis: Navigating The Jurisprudence Of Visual Clutter, M. Ryan Calo

Michigan Law Review

This Note argues that passing close to Discovery Network is the safest route - municipalities can still drastically reduce visual clutter by regulating commercial speech alone without violating the First Amendment. Part I looks at the onsite/offsite distinction, a singularly popular method of sign regulation, and concludes that this distinction runs squarely afoul of Metromedia. Part II looks at the once-accepted alternative route - the commercial/noncommercial distinction - and argues that this distinction does not run afoul of Discovery Network. Rather, a close reading of Discovery Network permits the regulation of exclusively commercial billboards where, as typically, they …


Explaining The International Ceo Pay Gap: Board Capture Or Market Driven?, Randall Thomas May 2004

Explaining The International Ceo Pay Gap: Board Capture Or Market Driven?, Randall Thomas

Vanderbilt Law School Faculty Publications

If we look at convergence through the lens of the Risk Adjustment Theory, then international pay convergence will only occur if U.S. and foreign CEOs' firm-specific risk levels converge. Empirically, this is a difficult claim to test because of the paucity of data available on CEOs' individual wealth levels and stockholdings. The one component we can most easily observe, stock option usage, is presently quite different, with U.S. levels far exceeding those abroad. For the near future, this trend seems likely to continue, making it difficult to forecast convergence any time soon. The international executive pay gap is one of …


Www.Yourname.Com: How Useful Is The Uniform Domain Name Dispute Resolution Policy ("Udrp") In Protecting Personal Names From Cybersquatters?, 22 J. Marshall J. Computer & Info. L. 535 (2004), Georgette H. Tarnow Jan 2004

Www.Yourname.Com: How Useful Is The Uniform Domain Name Dispute Resolution Policy ("Udrp") In Protecting Personal Names From Cybersquatters?, 22 J. Marshall J. Computer & Info. L. 535 (2004), Georgette H. Tarnow

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.


A Whole Different Ball Game: Ticket Scalping Legislation And Behavioral Economics?, Jasmin Yang Jan 2004

A Whole Different Ball Game: Ticket Scalping Legislation And Behavioral Economics?, Jasmin Yang

Vanderbilt Journal of Entertainment & Technology Law

Baseball is the sport most closely intertwined with American culture.' In many ways, the scandals associated with baseball, such as antitrust, segregation, and labor disputes, parallel and reflect the nation's development. In helping to shape the nation's collective identity, baseball's history is a sentimental reminder of a time when people were less concerned with profit and more interested in democratic access. And despite its somewhat tarnished image, many people want to champion and maintain the purity of the game. In jarring contrast, ticket scalpers personify the intersection of America's love for baseball with its love of profit. They represent pure …


"Don't Let The Sun Go Down On Me:" An In-Depth Look At Opportunistic Business Method Patent Licensing And A Proposed Solution To Allow Small-Defendant Business Method Users To Sing A Happier Tune, 37 J. Marshall L. Rev. 1359 (2004), Andrea Lynn Evensen Jan 2004

"Don't Let The Sun Go Down On Me:" An In-Depth Look At Opportunistic Business Method Patent Licensing And A Proposed Solution To Allow Small-Defendant Business Method Users To Sing A Happier Tune, 37 J. Marshall L. Rev. 1359 (2004), Andrea Lynn Evensen

UIC Law Review

No abstract provided.


Balancing Individual Privacy Rights And The Rights Of Trademark Owners In Access To The Whois, 38 J. Marshall L. Rev. 357 (2004), Jeffrey Stephen Sobek Jan 2004

Balancing Individual Privacy Rights And The Rights Of Trademark Owners In Access To The Whois, 38 J. Marshall L. Rev. 357 (2004), Jeffrey Stephen Sobek

UIC Law Review

No abstract provided.


The Boundary Of Personal Jurisdiction: The "Effects Test" And The Protection Of Crazy Horse's Name, 38 J. Marshall L. Rev. 381 (2004), Scott Fruehwald Jan 2004

The Boundary Of Personal Jurisdiction: The "Effects Test" And The Protection Of Crazy Horse's Name, 38 J. Marshall L. Rev. 381 (2004), Scott Fruehwald

UIC Law Review

No abstract provided.


Consolidating The Diffuse Paths To Trade Dress Functionality: Encountering Traffix On The Way To Sears, Margreth Barrett Jan 2004

Consolidating The Diffuse Paths To Trade Dress Functionality: Encountering Traffix On The Way To Sears, Margreth Barrett

Washington and Lee Law Review

No abstract provided.


Trip-Ping Over Business Method Patents, Vincent Chiappetta Jan 2004

Trip-Ping Over Business Method Patents, Vincent Chiappetta

Vanderbilt Journal of Transnational Law

Professor Chiappetta argues that the current effort to expand substantive international patent law harmonization to include business method patenting is ill-conceived and unsupportable. Such patents cannot be justified on the economic incentive grounds supporting the Western regimes. They are not part of the existing TRIPS agreement, and under present circumstances they should not be added. Any future agreement, bi-lateral or multi-lateral (including an extension of TRIPS), must be based on a better calibrated form of protection (less than patent) and should occur only after the persistent normative differences and the distributional consequences of international substantive harmonization have been addressed.


Likelihood Of Confusion Jan 2004

Likelihood Of Confusion

San Diego Law Review

The primary objective of this Article is to illustrate the tendency of judges to inappropriately rely on personal intuition and subjective, internalized stereotypes when ruling on trademark disputes. Where jurists perceive consumers as ludicrously easily confused, trademark holders can exploit these views to secure broad trademark “rights,” often without offering a shred of evidentiary corroboration concerning such confusion. As a consequence, the proof required to support allegations that a trademark usage creates a likelihood of confusion is potentially lessened in all cases, making trademarks normatively stronger, broader, and ever easier to “protect” for mark holders. Whether consumers realistically benefit from …


Consumer Expectations' Last Hope: A Response To Professor Kysar, James A. Henderson Jr., Aaron Twerski Nov 2003

Consumer Expectations' Last Hope: A Response To Professor Kysar, James A. Henderson Jr., Aaron Twerski

Cornell Law Faculty Publications

The authors agree with Professor Kysar that the current version of the consumer expectations test for design defectiveness is an amorphous, unprincipled misreading of section 402A of the Restatement (Second) of Torts. And they agree that most courts apply risk-utility balancing in determining design defectiveness. But they disagree with Kysar's proposal to supplement risk-utility balancing with a reinvigorated consumer expectations test based on expert testimony regarding what consumers actually expect in the way of design safety. Judicial reliance on such testimony would be susceptible to result-oriented manipulation by litigants, would not guide manufacturers in making sensible design choices, would pressure …


Are You Content With The Content? Intellectual Property Implications Of Weblog Publishing, 21 J. Marshall J. Computer & Info. L. 439 (2003), Attiya Malik Jan 2003

Are You Content With The Content? Intellectual Property Implications Of Weblog Publishing, 21 J. Marshall J. Computer & Info. L. 439 (2003), Attiya Malik

UIC John Marshall Journal of Information Technology & Privacy Law

The publicity about weblogs has neglected to warn against the risks of legal liability. Whether you want to impart words of wisdom or copy something that caught your interest, the temptation to "borrow" is too great and too easy in Cyberspace. Whereas the typical Internet user may have heard of "copyright" or "trademark," they are unaware of the complexities and nuances of these areas of law. The legal tests and standards may be too sophisticated for the average user. Even practitioners and courts are grappling with what legal standards and interpretations are to be applied in Cyberspace, thus, leading to …


Regulating Target Marketing And Other Race-Based Advertising Practices, Ross D. Petty, Anne-Marie G. Harris, Toni Broaddus, William M. Boyd Iii Jan 2003

Regulating Target Marketing And Other Race-Based Advertising Practices, Ross D. Petty, Anne-Marie G. Harris, Toni Broaddus, William M. Boyd Iii

Michigan Journal of Race and Law

Recognizing the significant role that advertising plays in American life, this article examines the phenomenon of race-based targeted marketing as a contributing factor to the racial tension of our media age and evaluates the role of government regulation in preventing the dissemination of racist messages through advertising. In Part I, the article first looks at the evolution of "mass" marketing into today's standard use of targeted marketing techniques, and especially how those techniques can sometimes have racist effects. In Part II, the article discusses both measurable and esoteric harms of cultural racism. Part III examines existing laws designed to regulate …


Let The Market Do Its Job: Advocating An Integrated Laissez-Faire Approach To Online Profiling Regulation, Svetlana Milina Jan 2003

Let The Market Do Its Job: Advocating An Integrated Laissez-Faire Approach To Online Profiling Regulation, Svetlana Milina

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Pop Goes The Commercial: The Evolution Of The Relationship Between Popular Music And Television Commercials, Nora Miles Jan 2003

Pop Goes The Commercial: The Evolution Of The Relationship Between Popular Music And Television Commercials, Nora Miles

Vanderbilt Journal of Entertainment & Technology Law

Although the use of new pop songs in commercials is a recent development, the fact that music plays an important role in advertising is certainly not news. Music is and has always been an integral part in nearly all commercial advertising campaigns. Since the advent of radio and television the consumer public has been exposed to marketing through music. In order to understand the implications of the trends in music advertising, this note examines the more traditional schemes of music in advertising. To that end, there are several different routes an advertiser can choose when selecting music for a particular …


Ethics Of Enterprise Liability In Product Design And Marketing Litigation, James A. Henderson Jr. May 2002

Ethics Of Enterprise Liability In Product Design And Marketing Litigation, James A. Henderson Jr.

Cornell Law Faculty Publications

American courts talk as though they are imposing strict enterprise liability on product manufacturers, but in truth they do so only with respect to manufacturing defects. In product design and marketing litigation, manufacturers' liability is based on fault. The reason why strict liability is inappropriate for the generic product hazards associated with design and marketing is that, in sharp contrast to manufacturing defects, the conditions necessary for insurance to function are not satisfied. Users and consumers control generic product risks to a sufficiently great extent that any insurance scheme based on strict enterprise liability would be destroyed by combinations of …


The Government Tunes In To Tune Out The Marketing Of Violent Entertainment To Kids, Shannon Mccoy Jan 2002

The Government Tunes In To Tune Out The Marketing Of Violent Entertainment To Kids, Shannon Mccoy

Vanderbilt Journal of Entertainment & Technology Law

This Note examines the recent investigation conducted by the Federal Trade Commission ("FTC" or "Commission") and its 2001 Follow-Up to that inquiry. The September 2000 Report ("Report") concluded that the entertainment industry intentionally and aggressively advertises both R and PG-13 movies to children under the age of 18. As a solution, the FTC recommended self-regulation by the entertainment industry. The 2001 Follow-Up to the Report ("Follow-Up") found that although the movie industry has made progress, a greater effort must be exerted to successfully eliminate the marketing of violent entertainment to children.' Both the Report and the Follow-Up demonstrate that self-regulation …


Prospecting Or Cybersquatting: Registering Your Name Before Someone Else Does, 35 J. Marshall L. Rev. 287 (2002), Benjamin B. Cotton Jan 2002

Prospecting Or Cybersquatting: Registering Your Name Before Someone Else Does, 35 J. Marshall L. Rev. 287 (2002), Benjamin B. Cotton

UIC Law Review

No abstract provided.


End Game: Ex Parte Seizure Process And The Battle Against Bootleggers, Lucas G. Paglia, Mark A. Rush Jan 2002

End Game: Ex Parte Seizure Process And The Battle Against Bootleggers, Lucas G. Paglia, Mark A. Rush

Vanderbilt Journal of Entertainment & Technology Law

This Article presents a broad overview of the exparte seizure process, what it is and how it can be deployed by trademark owners to shut down counterfeiters. It first discusses the general structure and mechanics of the TCA. It then proceeds to discuss some important areas of practical concern with respect to proceedings under the Act. The Article concludes by providing a hypothetical case study of the ex parte seizure process in action.


Deception In Advertising: A Content Analysis Of The Legal Parameters Of Deception, E. Carla Mitchell Jan 2002

Deception In Advertising: A Content Analysis Of The Legal Parameters Of Deception, E. Carla Mitchell

Theses and Dissertations in Business Administration

One of the primary attributes of a free market economy is the uninhibited flow of truthful information regarding the goods and services available in the marketplace (Azcuenaga 1995). This free flow of information, in the form of advertising, enhances market performance by informing consumers and enabling firms to compete equitably based on the attributes of their offerings. Studies reveal that, for the vast majority of marketing managers, the regulatory environment serves as the primary influence in advertising strategy development and decision-making (Davis 1994). However, in their theory development, behavioral researchers often ignore the legal aspects promulgated by the FTC. Furthermore, …


Trademark Product Appearance Features, United States And Foreign Protection Evolution: A Need For Clarification And Harmonization, 34 J. Marshall L. Rev. 947 (2001), William T. Fryer Iii Jan 2001

Trademark Product Appearance Features, United States And Foreign Protection Evolution: A Need For Clarification And Harmonization, 34 J. Marshall L. Rev. 947 (2001), William T. Fryer Iii

UIC Law Review

No abstract provided.


Technical And Legal Approaches To Unsolicited Electronic Mail, 35 U.S.F. L. Rev. 325 (2001), David E. Sorkin Jan 2001

Technical And Legal Approaches To Unsolicited Electronic Mail, 35 U.S.F. L. Rev. 325 (2001), David E. Sorkin

UIC Law Open Access Faculty Scholarship

No abstract provided.


Changes In The Ticket Distribution Industry: Is This The Beginning Of The End For Ticketmaster?, Joycelyn Stevenson Jan 2001

Changes In The Ticket Distribution Industry: Is This The Beginning Of The End For Ticketmaster?, Joycelyn Stevenson

Vanderbilt Journal of Entertainment & Technology Law

This Note aims to explore the legal underpinnings of consumer frustration with Ticketmaster and the rest of the ticket distribution industry as it moves into the electronic age. First, this Note introduces Ticketmaster and examines its use of exclusive dealing agreements with local venues. It then discusses the relevant federal antitrust statutes affecting the industry and the market in which distributors operate. It also analyzes the role exclusive dealing agreements play in stifling competition. Next, this Note discusses the challenges--both legal and economic--to the industry's most visible member. It then discusses Ticketmaster as a possible product of competition in light …


Product-Related Risk And Cognitive Biases: The Shortcomings Of Enterprise Liability, James A. Henderson Jr., Jeffrey J. Rachlinski Oct 2000

Product-Related Risk And Cognitive Biases: The Shortcomings Of Enterprise Liability, James A. Henderson Jr., Jeffrey J. Rachlinski

Cornell Law Faculty Publications

Products liability law has witnessed a long debate over whether manufacturers should be held strictly liable for the injuries that products cause. Recently, some have argued that psychological research on human judgment supports adopting a regime of strict enterprise liability for injuries caused by product design. These new proponents of enterprise liability argue that the current system, in which manufacturer liability for product design turns on the manufacturer's negligence, allows manufacturers to induce consumers into undertaking inefficiently dangerous levels or types of consumption. In this paper we argue that the new proponents of enterprise liability have: (1) not provided any …


Hamilton V. Accu-Tek: Collective Liability For Handgun Manufacturers In The Criminal Misuse Of Handguns, Colin K. Kelly Sep 2000

Hamilton V. Accu-Tek: Collective Liability For Handgun Manufacturers In The Criminal Misuse Of Handguns, Colin K. Kelly

West Virginia Law Review

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 Jul 2000

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 …