78 Cards in this Set
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trademark
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registers a name under which you do business
-apply for trademarks through U.S. trademark and patent offices
- word, symbol, or BOTH
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coca- cola classic
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trademark
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nike swoosh symbol
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trademark
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tony the tiger
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trademark
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comparative advertising
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compare your brand to another brand by name
- must say others name/ brand is a registered trademark of company when doing this
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infringement
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when consumer confusion is likely and intentional
- have no license for this
- using same thing as a patent
ex:
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generic usage
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you can lose your trademark if it becomes used for all brands to describe the product
ex: tylenol, band-aid, coke, q-tips
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copyright
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protection of the expression of an idea-not just the idea itself
-photos, ads, writings, songs, etc.
- protection given to "owner"/creator for life +70 years
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copyrights can be sold when the owners die?
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true- considered tangible assets
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if the copyright has expired and hasnt been resold, goes to:
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public domain
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when using copyrighted materials...
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-get permission
- pay royalty fee
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exception to using copyrighted materials:
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"parody"--> for entertainment purposes, usually political
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commercial appropriation
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using someone's image or likeness for commercial gain without permission or compensation
ex: wheel of fortune commercial pretending to be vanna white
- voice overs mimicking a celebrity's voice
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commercial appropriation is combated by:
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large signs when filming is in public
-payment/ contracts
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Federal Trade Commission (FTC)
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est. by Congress in 1914: makes market place for fair.
-Elimination of unfair methods of competition
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Wheeler- Lea Amendment
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1938: false or misleading advertising is unfair method of competition and under jurisdiction by the FTC
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How to judge if an ad is misleading
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is there a : representation, omission, or practice that is likely to MISLEAD a reasonable consumer?
-is it negative material?
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disclosures in ads
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so the ad is not misleading
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Expressed claim
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saying something expressly like "4 out of 5 doctors approve of this product"--> must have proof to back it up
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Implied claim
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have an actor dressed up as a doctor, doesnt say hes a doctor but it implies it to the consumer which is misleading
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undisclosed information
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information that is not stated which makes the ad misleading
ex: paid actor
Campbell's soup, marbles incident
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ineffectively disclosed information
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the disclosure gets overshadowed by other things and it is unlikely that people will actually see it
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disguised ads
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infomercials making it look like person is in a talk show but really its just a set
- hidden advertisements
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Puffery
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making exaggerated claims about product and its superiority
GE "Brings good things to life"
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reasonable consumer
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-can make good judgement
- puffery is ok with these people
- different with kids
- typical audience member
- not mentally ill people or kids
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Net Impression Standard
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the overall tendency of the ad to mislead
- everything in the ad could be true but put together in a misleading way
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FTC Remedies for misleading advertisements:
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1. consent decree
2. cease and desist order
3. corrective advertising
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consent decree
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chance to say you're guilty
-stays quiet
- must agree to not do it in the future
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cease and desist order
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-if you dont sign the consent decree, you get this
- forced to stop using that advertisement
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corrective advertising
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addition to the guidelines must do in the future, have to run advertisements saying you lied about previous advertisement
ex: Listerine saying it could cure colds
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can the FTC hold the marketer and the ad agency liable?
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yes
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FDA
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Food and Drug Admin. (1938)
- regulates the advertising of food, drugs, and therapeutic devices
- clear disclosures of ingredients
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drug advertisements
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-allowed in U.S.
-must list all side effects
- must have source to find out more information about drug
- list the uses of drug
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SEC
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Security and Exchange Commission- financial advertising
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FCC
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Federal Communications Commission- broadcast television/ anything using airwaves
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1st amendment
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- bill of rights
- amendments can be changed
- gives our freedoms/ rights
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4th estate
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media press- watch dog of the government and unveil what is really happening
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2 ways of "reading" the constitution
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1. Absolutist
2. Spirit of the document
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absolutist
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if something is not expressely stated in constitution, cannot put protections on it
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spirit of the document
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since new things are always coming about, must make decisions based on the values and morals from the constitution
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commercial speech
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speech that merely proposes a commercial transaction and brings buyer/seller together
-involves ONLY their commercial interest
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commercial speech
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language by a company that proposes a commercial transaction
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political advertising is commercial speech
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false
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3 types of speech that are hard to protect under law
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1. political, artistic, and cultural expressions
2. commercial speech
3. libel, slander, obscenity, fighting words
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libel
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written communication that is harmful to person's reputation
- harder for famous people to get this
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slander
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spoken lies
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obscenity is protected by law when:
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only purpose is for sexual purposes
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fighting words
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words that would create a public panic if yelled out
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supreme court has the final say in ruling things in light of the constitution?
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true
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Central Hudson Test
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how the courts evaluate laws restricting commercial speech:
1. is there a substantial gov. interest in restricting it?
2. does the restriction directly advance the asserted gov. interest?
3. is the restriction only going to affect what it should?
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areas of concern for commercial speech?
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vice products (gambling, liquor, cigs)
controversial services (abortion)
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do the political leadings of the court members affect commercial speech rights?
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yes- appointed for life
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advertising is offensive?
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*women more than men
-stereotypes
- nudity
-humor
- sexuality
- insulting intelligence
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generic vs. specific
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people tend to report higher levels of offense at advertising when it is speaking about generalities rather than a specific thing
ex: showing skin in general= bad
showing skin in a shampoo ad= ok
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avoid offending people by..
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1. knowing your audience
2. careful media placement
3. copy test
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advertising to children
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- cant rely on parents to mediate message
- often misunderstand it
- must use simple words and be very specific
- demonstrate products realistically
-understand how children develop mentally and emotionally
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advertising is often criticized for creating ____ ideals of:
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unrealistic:
- gender
beauty
race
health
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ideology
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"way of being"
-advertising is one of many cultural voices that contribute to the creation of ideologies
-takes time to build it
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advertising is often singled out for changing ideologies because of its...
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visibility
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offenders are usually:
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fashion/ beauty ads AND fitness ads
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dove campaign
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tries to not offend people by doing a "natural" body ad
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corporate social responsibility
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1. economic
2. legal
3. ethical
4. philanthropic
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political advertising
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not regulated by FTC
-only standard for truth is libel
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campaign ads
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candidates say "vote for me"
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policy ads
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get ppl to vote for certain political policies
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political advertising issues
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- difficult to express complicated ideas
-focuses on IMAGE and REDUCTIONISM
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Reductionism
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taking a complicated idea and attaching a buzzword like "obamacare"
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news media often pick up on terms used in ads as ways to..
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frame coverage of issues
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negative ads are created to:
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1. make people not vote
2. lead to apathy
3. mobilize the base
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must disclose who paid for the political ad?
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yes
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front groups
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hiding the real sponsor behind an ad
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Citizens United Case
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corporations can now spend unlimited amounts of money to influence campaigns and policy
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journalistic styles
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1. traditional balanced journalism
2. ideologically- driven
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traditional balanced journalism
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neutral reporting
-4th estate
-CNN, New York Times
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Ideologically driven journalism
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certain networks are politically driven
Fox News= republican
MSNBC= democrat
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Murdoch
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created FOX news to try to influence public debate in the way he wanted
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political strategists are counting on viewers to be:
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uninformed
unaware of who pays
-unaware of info-entertainment
- politically illiterate
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prescription drug advertising
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u.s. is only one of 2 countries that allows it
-regulated by FDA
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ADVT 250: Exam 2