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ADVT: 250: Final

trademark
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
trademark
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nike swoosh symbol
trademark
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tony the tiger
trademark
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comparative advertising
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
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
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
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?
true- considered tangible assets
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if the copyright has expired and hasnt been resold, goes to:
public domain
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when using copyrighted materials...
-get permission - pay royalty fee
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exception to using copyrighted materials:
"parody"--> for entertainment purposes, usually political
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commercial appropriation
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:
large signs when filming is in public -payment/ contracts
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Federal Trade Commission (FTC)
est. by Congress in 1914: makes market place for fair. -Elimination of unfair methods of competition
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Wheeler- Lea Amendment
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
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
so the ad is not misleading
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Expressed claim
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
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
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
the disclosure gets overshadowed by other things and it is unlikely that people will actually see it
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disguised ads
infomercials making it look like person is in a talk show but really its just a set - hidden advertisements
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Puffery
making exaggerated claims about product and its superiority GE "Brings good things to life"
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reasonable consumer
-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
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:
1. consent decree 2. cease and desist order 3. corrective advertising
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consent decree
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
-if you dont sign the consent decree, you get this - forced to stop using that advertisement
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corrective advertising
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?
yes
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FDA
Food and Drug Admin. (1938) - regulates the advertising of food, drugs, and therapeutic devices - clear disclosures of ingredients
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drug advertisements
-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
Security and Exchange Commission- financial advertising
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FCC
Federal Communications Commission- broadcast television/ anything using airwaves
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1st amendment
- bill of rights - amendments can be changed - gives our freedoms/ rights
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4th estate
media press- watch dog of the government and unveil what is really happening
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2 ways of "reading" the constitution
1. Absolutist 2. Spirit of the document
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absolutist
if something is not expressely stated in constitution, cannot put protections on it
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spirit of the document
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
speech that merely proposes a commercial transaction and brings buyer/seller together -involves ONLY their commercial interest
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commercial speech
language by a company that proposes a commercial transaction
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political advertising is commercial speech
false
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3 types of speech that are hard to protect under law
1. political, artistic, and cultural expressions 2. commercial speech 3. libel, slander, obscenity, fighting words
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libel
written communication that is harmful to person's reputation - harder for famous people to get this
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slander
spoken lies
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obscenity is protected by law when:
only purpose is for sexual purposes
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fighting words
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?
true
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Central Hudson Test
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?
vice products (gambling, liquor, cigs) controversial services (abortion)
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do the political leadings of the court members affect commercial speech rights?
yes- appointed for life
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advertising is offensive?
*women more than men -stereotypes - nudity -humor - sexuality - insulting intelligence
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generic vs. specific
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..
1. knowing your audience 2. careful media placement 3. copy test
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advertising to children
- 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:
unrealistic: - gender beauty race health
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ideology
"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...
visibility
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offenders are usually:
fashion/ beauty ads AND fitness ads
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dove campaign
tries to not offend people by doing a "natural" body ad
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corporate social responsibility
1. economic 2. legal 3. ethical 4. philanthropic
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political advertising
not regulated by FTC -only standard for truth is libel
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campaign ads
candidates say "vote for me"
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policy ads
get ppl to vote for certain political policies
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political advertising issues
- difficult to express complicated ideas -focuses on IMAGE and REDUCTIONISM
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Reductionism
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..
frame coverage of issues
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negative ads are created to:
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?
yes
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front groups
hiding the real sponsor behind an ad
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Citizens United Case
corporations can now spend unlimited amounts of money to influence campaigns and policy
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journalistic styles
1. traditional balanced journalism 2. ideologically- driven
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traditional balanced journalism
neutral reporting -4th estate -CNN, New York Times
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Ideologically driven journalism
certain networks are politically driven Fox News= republican MSNBC= democrat
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Murdoch
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:
uninformed unaware of who pays -unaware of info-entertainment - politically illiterate
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prescription drug advertising
u.s. is only one of 2 countries that allows it -regulated by FDA
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