Term
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Definition
C.S: Got newspaper to talk about Arveta real estate then they lose stock
-Didn't abide by the WAITING PERIOD |
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Term
| Spray Regan v. Livingston Oil |
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Definition
C.S: FRAUD THROUGH INFRINGEMENT
-Spray Regan won, b/c Livingston oil exaggerated how well they were doing to the stock analyst |
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Term
| SEC v. Texas Gulf & Sulfur |
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Definition
C.S: INSIDER TRADING & FRAUD THROUGH MISSTATEMENT
-they announced they didn't find that much copper so they could then buy all the stocks at low prices
-SEC wins |
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Term
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Definition
C.S: FRAUD THROUGH OMISSION
-A.H.Robins knew Dalkon Shield contraceptive wasn't safe, but didn't reveal that info
-Ross wins |
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Term
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Definition
C.S: INSIDER TRADING even though he does not work for company
-SEC wins
-PRSA Pres. Franco still knew that business merger was happening & bought stock from them |
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Term
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Definition
C.S: INSIDER TRADING b/c O'Hagen he knew what his law firm was doing with Pillsbury
-U.S. won |
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Term
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Definition
C.S: INSIDER TRADING b/c Winan told roommate Carpenter where to buy stock
-U.S. wins |
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Term
| First National Bank v. Bellotti |
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Definition
CORPORATE SPEECH: ELECTION SPENDING
-First National Bank should be able to advertise their point of view for a referendum even if they aren't directly involved
-the bank wins b/c political speech is viewed as most protected speech
-Let the bank spend $ where they want to |
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Term
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Definition
CORPORATE SPEECH ELECTION SPENDING
-Citizen United made documentary attacking Hilary Clinton
-Supreme Court split 5-4 for election commercials by corporations so Citizen United wins |
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Term
| Trademark Law & Trademark Infringement |
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Definition
-Part of Intellectual Property Law
-Anything that relates to a company
-Trademark Infringement-> when companies try to fool customers to think their product is the major corporation's |
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Term
| Moseley v. Victoria Secret |
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Definition
-I.P: TRADEMARK LAWS
-Court voted against trademark infringement b/c V.S. didn't have a financial loss
-Mosely wins |
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Term
Copyright Infringement: 3 Burdens of Proof
-Under Intellectual Property |
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Definition
1. Originality
2. Thieves who stole your idea knew about it
3. Substantial Similarity
(federal laws) |
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Term
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Definition
-COPYRIGHT BURDEN #1
-NBC did not copyright the Cosby show b/c Murray's idea for "Father's Day" was not original
-NBC wins |
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Term
| Jason v. Fonda Productions |
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Definition
-COPYRIGHT BURDEN #2
-Fonda did not know about Jason's book
-Fonda wins |
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Term
| Fogerty v. Fantasy Records |
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Definition
-COPYRIGHT BURDEN #3
-Fogerty's songs were of substantial difference from the ones Fantasy Records wrote him
-Forgerty wins |
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Term
| Universal Studios v. Film Ventures |
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Definition
COPYRIGHT BURDEN #3
-Film Ventures had too many substantial similarities to Jaws
-Universal Studios wins |
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Term
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Definition
1. Purpose & Character of use--> was it used for education or financial gain?
2. Nature of work--> if you haven't sold product for 50 yrs. then who cares?
3. Amount you used & significance--> 1 pg. or 400? heart & soul of material?
4. Effect on market value-->how much less is my work worth? (MOST IMPORTANT) |
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Term
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Definition
COPYRIGHT FAIR USE
-1. Purpose & character- Kinkos copied for financial gain
-Basic Books wins |
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Term
| Time v. Bernard Geis Associates |
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Definition
I.P: COPYRIGHT FAIR USE
-B.G.A. used photos from JFK assassination for educational purposes-> historical significance
-Times market value would prob increase from BGA book
-BGA wins |
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Term
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Definition
I.P: COPYRIGHT LAW FAIR USE
-Nation says they used it for educational purposes & only a small bit of it
3. Significance-> they used heart & soul of work
4. Hurt market value-> Reader's Digest now won't make as much $
-Harper & Row wins |
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Term
| Suntrust Bank v. Haughton-Mufflin |
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Definition
I.P: COPYRIGHT FAIR USE
4. "Wind done Gone" book is a parody so applies to a different market
-Haughton-Mufflin wins |
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Term
| Pottstown Daily v. Pottstown Radio |
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Definition
I.P: COPYRIGHT FAIR USE
4. Effect on market value--> Pottstown daily pays for it & now nobody will want to buy it
Pottstown Daily wins |
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Term
| Pacific & Southern v. Duncan |
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Definition
I.P: COPYRIGHT FAIR USE
4. Market value--> P&S could no longer sell their news tapes & they paid to video tape it
-Pacific & Southern wins |
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Term
| Burrow-Giles Lithographic v. Sarony |
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Definition
I.P: COPYRIGHT BURDEN #1
-BGL says photography isn't original
-Claim didn't hold in court so Sarony wins
-1880s case defended the entire photography idustry |
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Term
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Definition
I.P: COPYRIGHT
-Contract issue b/c Winfrey didn't say she would use photos for her book
-Winfrey settles out of court |
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Term
| Leibovitz v. Paramount Movies |
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Definition
I.P: COPYRIGHT
4. Market Value- P.M. used Liam Neison as a parody so Leibovitz didn't lose money
-P.M. wins |
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Term
| Consumer Union v. New Regina Co. |
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Definition
I.P: COPYRIGHT FAIR USE
4. Market Value- nobody will need to buy C.U. now b/c they know the vacuum is good
-Also C.U. credibility will go down
-C.U. wins |
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Term
| Sony v. Universal Studios |
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Definition
I.P: COPYRIGHT- Contributory Infringement
-Court says Sony users are not copyrighting videos, just time shifting
-Sony wins |
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Term
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Definition
I.P: COPYRIGHT INFRINGEMENT
4. Market Value-Gap is gaining profit from Splar Music
-Splar music wins |
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Term
| Campbell v. Acuff-Rose Music |
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Definition
I.P: COPYRIGHT INFRINGEMENT FAIR USE
4. Market value- Campbell is making a parody, so different market
-Campbell wins |
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Term
| Copyright Term Extension Act |
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Definition
-For Corporations only
-Now 95 yr. copyright (25 yr. extension)
-Also called "Mickey Mouse Law" |
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Term
| Advertising Law (Commercial Speech) |
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Definition
1. Can't advertise illegal product or service
2. Even if product is legal, can't be false or misleading
3. Even if product is legal & true, under certain circumstances you still can't advertise |
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Term
| Clothing Workers of America v. Tribune |
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Definition
ADVERTISING LAW
-Media gets to make decisions about what content they allow, not gov't- so Tribune doesn't need to advertise not to go to foreign stores
-Tribune wins |
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Term
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Definition
ADVERTISING LAWS
-1942 Chrestensen trying to advertise in pamphlets about his tourist sub
-Court doesn't give ads much regard if state says no (NY)
-Valentine wins |
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Term
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Definition
ADVERTISING LAW
-Bigelow advertises abortion clinic in NY in VA paper
-Supreme Court says it is a newsworthy subject & not under VA laws
-Bigelow wins |
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Term
| Consumer Council v. Virginia Board of Pharmacy |
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Definition
ADVERTISING LAW
-argument that medicine shouldn't be sold through advertising
-Court won't allow prior restraint for info consumers have a right to know
-Consumer Council wins for enlightening public decision making |
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Term
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Definition
ADVERTISING LAW: attorneys
-1977 court decision
-Bates won & lawyers can now advertise b/c they are upfront about prices |
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Term
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Definition
ADVERTISING LAW: ALCOHOL
-Pabst won b/c you have to take responsibility for your own drunken ass |
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Term
| 44 Liquormart v. Rhode Island |
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Definition
ADVERTISING LAW: ALCOHOL
-consumers have a right to know basic info like alcohol prices
-44 Liquormart wins |
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Term
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Definition
ADVERTISING LAW: ALCOHOL
-Rubin argues you can't advertise strength of alcohol
-Again court says consumers have a right to know
-Coors wins |
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Term
| Posadas v. Tourism Council Puerto Rico |
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Definition
ADVERTISING LAW: GAMBLING
-TCPR says you can only advertise casinos to tourists
-Court votes for TCPR saying it is up to Puerto Rico to make that decision |
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Term
| Pittsburgh Press v. Human Relations Commission |
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Definition
ADVERTISING LAW: CLASSIFIEDS
-1973 HRC won that PP can't advertise based on gender discrimination
-1979 PP won b/c it was citizens being biased, they were just used as the medium |
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Term
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Definition
ADVERTISING LAW: PSYCHICS
-FTC wins b/c Psychic Miss Cleo was being false & misleading |
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Term
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Definition
ADVERTISING LAW: RESPONSIBILITY FOR HARM
-1989 SOF won b/c they could not have predicted ex-marine would kill somebody's wife |
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Term
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Definition
ADVERTISING LAW: RESPONSIBILITY FOR HARM
-1990 Braun won b/c the ad was more specific & the magazine should have anticipated this now |
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Term
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Definition
ADVERTISING LAW: ENTICEMENTS
-cheap product to drag you to the store, then say they sold out |
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Term
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Definition
ADVERTISING LAW: ENTICEMENT
-Sell something so cheap they lose $ on it, but assume you will buy other stuff once you get there so they make a profit |
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Term
| Protection Against False & Misleading Advertisements (5) |
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Definition
1. Caveat Emptor- common sense, buyer beware
2. News Reporting- product recalls
3. Non-Governmental Actors- NAD, BBB, NARB, public embarrassment
4. Competitor suits in Federal Courts: Lanham Act
5. Governmental Regulations- FTC |
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Term
| First Response v. EPT Plus |
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Definition
ADVERTISING LAW: Competitor suits (LANHAM ACT)
-EPT says 10 min. pregnancy tests, but 30 min. to show negative results
-1st Response won b/c it was misleading |
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Term
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Definition
ADVERTISING LAW: Competitor suits (LANHAM ACT)
-Anacin uses comparative advertising to say they are better than Tylenol
-Only better for inflammation
-Tylenol wins b/c of misleading ad |
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Term
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Definition
ADVERTISING LAW: Corporate suits (LANHAM ACT)
-Minute Maid wins injunction b/c Tropicana's ad is false & misleading-> no orange maker puts it straight into the carton |
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Term
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Definition
ADVERTISING LAW: corporate suit (LANHAM ACT)
-Jartran says they have newer vehicles at lower prices than Uhaul
-Court says false claims b/c it is only 1 product
-Uhaul wins tons of $, court is making a statement |
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Term
| When is advertising serious enough for FTC to get involved? 3 Part Test |
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Definition
1. Genuinely false or misleading claim
2. False or misleading based on reasonable consumer criteria
3. Part that is false or misleading must be a material misrepresentation- made somebody buy the product |
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Term
| FTC v. Colgate-Palmolive Co |
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Definition
ADVERTISING LAW: GOV'T REGULATIONS
-CPO claims their razor can cut sandpaper
-Ad shows plexiglass, only sandpaper soaked for 45 min.
-FTC wins b/c ad had tons of MATERIAL MISREPRESENTATION stating CPO could prove it |
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Term
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Definition
ADVERTISING LAW: GOV'T REGULATIONS
-Firestone claimed oval tires 20% faster stop, so safer, but no proof
-Firestone didn't test it on normal driving surface
-FTC wins for NO REASONABLE BASIS FOR IMPLICATION |
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Term
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Definition
ADVERTISING LAW: GOV'T REGULATIONS
-Standard Oil puts bag over gasoline exhaust showing their gas is clear, doesn't mean less pollution
-FALSE DEMONSTRATION IMPLICATION |
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Term
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Definition
ADVERTISING LAW: GOV'T REGULATIONS
-P.L. says their cigarettes are healthier
-FTC wins b/c of SIGNIFICANCE IMPLICATIONS
-Cigarettes are still bad even if there is lower tar & resin |
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Term
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Definition
ADVERTISING LAW: GOV'T REGULATIONS
-Astronaut Cooper is in an ad saying to buy a certain oil for cars
-FALSE EXPERTISE IMPLICATION- wrong kind of engineer to make that claim |
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Term
| FTC Preventative Actions (5) |
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Definition
1. Staff Opinion Letters-> FTC staff sends quick letter, but can change their mind
2. Advisory Opinion-> takes longer b/c they do thorough research, but can't change their minds
3. Guides-> FTC posts guides on proper use of things like the word "free"
4. Trade Rules & Regulations (TRR)-> industry specific
5. Voluntary Compliance-> FTC says stop, company apologizes & stops |
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Term
| FTC Corrective Actions (3) |
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Definition
1. Consent agreement-> sign it so don't violate it
2. Litigated order-> cease & desist
3. Corrective Advertising-> your ad was false & misleading so now you must pay to correct it |
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Term
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Definition
INTERNET LAW: LIBEL
-Drudge makes false claims online that B. beats his wife
-AOL wins b/c they were just the medium |
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Term
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Definition
INTERNET LAW: LIBEL
-M. says online that his former attorney B. was a involved in drug dealing & bribery
-Banks wins & is awarded $50,000 for false claims |
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Term
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Definition
INTERNET LAW: OBSCENITY
-Thomas couple violated federal law for posting obscenity across state lines-> internet counts b/c they saw where it was purchased from CA to TN
-U.S. wins & Thomas couple goes to jail for 3 yrs. |
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Term
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Definition
INTERNET LAW: PRIVACY
-1st internet case involving FTC
-Geocities has free site as long as they can advertise
-Geocities then lies & gets consumer info to sell
-FTC wins |
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Term
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Definition
INTERNET LAW: PRIVACY
-McVeigh posts gay stuff online
-Navy has AOL give them his name
-Settled out of court w/ AOL promising to train staff better |
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Term
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Definition
INTERNET LAW: PRIVACY
-Smith posts e-mails about killing Pillsbury bosses
-Pillsbury looks at e-mails to find Smith
-Pillsbury wins b/c Smith made threats so no right for anonymity |
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Term
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Definition
INTERNET LAW: PRIVACY
-Xanga gets kids info for marketing
-FTC wins b/c kids under 13 can't be marketed to w/o parental consent |
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Term
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Definition
INTERNET LAW: SEXUAL HARASSMENT
-Microsoft fires Strauss, she says they harassed her through e-mails
-Microsoft says e-mails are private matter, settled out of court |
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Term
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Definition
INTERNET LAW: INTELLECTUAL PROPERTY
-S.F. had 7,500 playboy photos on website
-Playboy wins for copyright infringement b/c he refused to take them down even after demand law to cease & desist
-Playboy won b/c they had the brand & paid for everything |
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Term
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Definition
INTERNET LAW: INTELLECTUAL PROPERTY
-Wells said she was former playmate of the year on her website
-Playboy claimed they had a copyright over award
-Wells wins b/c she had won the award & didn't use their logo |
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Term
| People Magazine v. Gossip Websites |
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Definition
INTERNET LAW: INTELLECTUAL PROPERTY
-Brad Pitt & Angelina Jolie gave rights to P.M. to use the photos of their baby
-Gossip websites leaked the photos
-P.M. won b/c market value decreased like in Harper Row v. Nation |
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Term
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Definition
INTERNET LAW: CYBER SQUATTING
-Zuccarwi mousetraps consumers into going on the wrong websites by registering similar domain names like E.B.s electronic website
-1999 Anti-cyber squatting law
-E.B. wins |
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