Term
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Definition
Health Claim
Vulnerable audience
financial claims
potentially deceptive claims |
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Term
| safe zone characteristics |
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Definition
puffery
claim less advertising
vague evaluations |
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Term
| 1942 What was Valentine v Chrestenson about |
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Definition
| does the first amendment protect advertizing? in this case? no |
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Term
| 1976: Va board of pharmacy was about what? |
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Definition
| verdict: advertizing is protected by the first amendment |
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Term
| what happened in the central hudson case in 1980? |
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Definition
| operationalizes commercial speech by giving it a blue print. central hudson test |
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Term
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Definition
-is the advertisement protected by the first amendment at all?
-does the gov have compelling interest in regulating this advertising
-does the regulation in question really advance that goal?
-is the regulation in question narrowly tailored so as not to squelsh that goal |
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Term
| example of central hudson test |
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Definition
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Term
| what was rubin v coors about? |
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Definition
| started putted alcohol percentage on the side of beer cans. gov used the central hudson test and evaluated that it was legal and the gov's argument was that frats would use it to know what the higher alcohol beers were to get drunker. coors said it was a safety feature. |
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Term
| FTC Deceptive claims: an ad is deceptive if it includes |
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Definition
a representation or omission likely to mislead
a reasonable person
who relied on the information |
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Term
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Definition
-direct copying and derivatives
-vicarious: sony invented a video recorder not for the purpose of people recording tv shows. sue the ppl not the company
-contributory: napster: verdict: the only thing your technology can do is illegal. |
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Term
| copyright holder's rights |
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Definition
-to copy
-distribute
-to make derivatives
-to play or perform |
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Term
| 4 defenses for copyright infringement |
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Definition
consent
contract
public domain
fair use |
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Term
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Definition
| controlled by copyright holder |
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Term
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Definition
| turns material into something new is not controlled by copyright holder. ex. j rowling case. lexicon |
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Term
| how can copyright law be bad? |
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Definition
| we want ppl to create new works and piggy back |
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Term
| 3 elements of copyright ability |
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Definition
original
tangible
replicable |
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Term
| how long does copyright last? |
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Definition
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Term
| Harper and Row v. nation enterprises |
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Definition
| non parody precedent setting case |
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Term
| campbell v acuff rose music |
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Definition
| parody precedent setting case |
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Term
| a trademark must be reviewed how often? |
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Definition
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Term
| what is it called when you don't renew your trademark? |
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Definition
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Term
| what types of advertizing phases did we go through? |
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Definition
| claim based to lifestyle and today we call it branding |
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Term
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Definition
| all ads geared towards women because women did most of the shoppings |
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Term
| safest thing to say about your product? |
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Definition
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Term
| no protection for commercial speech that is what? |
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Definition
| is false and misleading, promotes an unlawful transaction |
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Term
| FTC unfair acts & practices: |
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Definition
-causes injury to the consumer
-which isn't reasonably avoidable by the consumer
-not outweighed by countervailing benefits to consumers or competition |
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Term
| examples of unfair practice: |
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Definition
| gut buster spring tension. 1000 people reported injury from the consistently breaking foot holders and the spring. failure to disclose breaking risk, claims of stomach flattening were false |
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Term
| when is a practice deceptive? |
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Definition
-there is a representation likely to mislead consumers
-who are acting reasonably
-the omission or representation affected the consumer |
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Term
| FTC doesn't have to do what? |
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Definition
| have to prove consumers have been mislead.looks at net impression (everything taken together) |
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Term
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Definition
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Term
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Definition
| is it big enough for consumers to notice and read? |
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Term
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Definition
| is wording and format easy for consumers to understand |
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Term
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Definition
| is it where consumers will look? |
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Term
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Definition
| is it close to the claim it qualifies? |
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Term
| clear and conspicuous 4 points |
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Definition
| prominence, presentation, placement, proximity |
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Term
| If the disclosure of information is necessary to prevent an ad from being deceptive, then the disclosure must be |
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Definition
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Term
| example of deceptive disclosure |
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Definition
| 4 automakers advertized 0 money down |
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Term
| likely to be deceptive if |
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Definition
-expressly false statements
-false implications from product demonstrations
-misuse of scientific or empirical data |
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Term
| substantiation advertizers must have what? |
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Definition
| a reasonable basis for marketing objective claims prior to dissemination |
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Term
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Definition
| to prove the truth or support the evidence |
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Term
| rules for different types of endorsements |
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Definition
-consumer endorsements
-expert and organizational endorsements
-disclosure of material connections |
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Term
| example of literal truthfulness |
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Definition
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Term
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Definition
| any word symbol or device or any combo adopted and used by a manufacturer or merchant to identify its goods and distinguish them from those manufactured or sold by others. ex. coca cola. |
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Term
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Definition
| the more creative something is, (parody satire) the more protected it is. |
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Term
| what type of law is copyright law? |
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Definition
written by congress.
STATUTORY LAW |
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Term
| property law was important why? |
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Definition
| slavery, strictly enforced by the founding fathers |
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Term
| what isn't copyrightable? |
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Definition
| facts. it's about the way you say it. |
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Term
| 2 things fall into the public domain |
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Definition
| made before 1923, copyright has run out |
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