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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 |
coca- cola classic
|
trademark
|
nike swoosh symbol
|
trademark
|
tony the tiger
|
trademark
|
comparative advertising
|
compare your brand to another brand by name
- must say others name/ brand is a registered trademark of company when doing this |
infringement
|
when consumer confusion is likely and intentional
- have no license for this
- using same thing as a patent
ex: |
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 |
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 |
copyrights can be sold when the owners die?
|
true- considered tangible assets
|
if the copyright has expired and hasnt been resold, goes to:
|
public domain
|
when using copyrighted materials...
|
-get permission
- pay royalty fee |
exception to using copyrighted materials:
|
"parody"--> for entertainment purposes, usually political
|
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 |
commercial appropriation is combated by:
|
large signs when filming is in public
-payment/ contracts |
Federal Trade Commission (FTC)
|
est. by Congress in 1914: makes market place for fair.
-Elimination of unfair methods of competition |
Wheeler- Lea Amendment
|
1938: false or misleading advertising is unfair method of competition and under jurisdiction by the FTC
|
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? |
disclosures in ads
|
so the ad is not misleading
|
Expressed claim
|
saying something expressly like "4 out of 5 doctors approve of this product"--> must have proof to back it up
|
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
|
undisclosed information
|
information that is not stated which makes the ad misleading
ex: paid actor
Campbell's soup, marbles incident |
ineffectively disclosed information
|
the disclosure gets overshadowed by other things and it is unlikely that people will actually see it
|
disguised ads
|
infomercials making it look like person is in a talk show but really its just a set
- hidden advertisements |
Puffery
|
making exaggerated claims about product and its superiority
GE "Brings good things to life" |
reasonable consumer
|
-can make good judgement
- puffery is ok with these people
- different with kids
- typical audience member
- not mentally ill people or kids |
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 |
FTC Remedies for misleading advertisements:
|
1. consent decree
2. cease and desist order
3. corrective advertising |
consent decree
|
chance to say you're guilty
-stays quiet
- must agree to not do it in the future |
cease and desist order
|
-if you dont sign the consent decree, you get this
- forced to stop using that advertisement |
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 |
can the FTC hold the marketer and the ad agency liable?
|
yes
|
FDA |
Food and Drug Admin. (1938)
- regulates the advertising of food, drugs, and therapeutic devices
- clear disclosures of ingredients |
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 |
SEC |
Security and Exchange Commission- financial advertising
|
FCC |
Federal Communications Commission- broadcast television/ anything using airwaves
|
1st amendment
|
- bill of rights
- amendments can be changed
- gives our freedoms/ rights |
4th estate
|
media press- watch dog of the government and unveil what is really happening
|
2 ways of "reading" the constitution
|
1. Absolutist
2. Spirit of the document |
absolutist |
if something is not expressely stated in constitution, cannot put protections on it
|
spirit of the document
|
since new things are always coming about, must make decisions based on the values and morals from the constitution
|
commercial speech
|
speech that merely proposes a commercial transaction and brings buyer/seller together
-involves ONLY their commercial interest |
commercial speech
|
language by a company that proposes a commercial transaction
|
political advertising is commercial speech
|
false |
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 |
libel |
written communication that is harmful to person's reputation
- harder for famous people to get this |
slander |
spoken lies
|
obscenity is protected by law when:
|
only purpose is for sexual purposes
|
fighting words
|
words that would create a public panic if yelled out
|
supreme court has the final say in ruling things in light of the constitution?
|
true |
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? |
areas of concern for commercial speech?
|
vice products (gambling, liquor, cigs)
controversial services (abortion) |
do the political leadings of the court members affect commercial speech rights?
|
yes- appointed for life
|
advertising is offensive?
|
*women more than men
-stereotypes
- nudity
-humor
- sexuality
- insulting intelligence |
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 |
avoid offending people by..
|
1. knowing your audience
2. careful media placement
3. copy test |
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 |
advertising is often criticized for creating ____ ideals of:
|
unrealistic:
- gender
beauty
race
health |
ideology
|
"way of being"
-advertising is one of many cultural voices that contribute to the creation of ideologies
-takes time to build it |
advertising is often singled out for changing ideologies because of its...
|
visibility
|
offenders are usually:
|
fashion/ beauty ads AND fitness ads
|
dove campaign
|
tries to not offend people by doing a "natural" body ad
|
corporate social responsibility
|
1. economic
2. legal
3. ethical
4. philanthropic |
political advertising
|
not regulated by FTC
-only standard for truth is libel |
campaign ads
|
candidates say "vote for me"
|
policy ads
|
get ppl to vote for certain political policies
|
political advertising issues
|
- difficult to express complicated ideas
-focuses on IMAGE and REDUCTIONISM |
Reductionism
|
taking a complicated idea and attaching a buzzword like "obamacare"
|
news media often pick up on terms used in ads as ways to..
|
frame coverage of issues
|
negative ads are created to:
|
1. make people not vote
2. lead to apathy
3. mobilize the base |
must disclose who paid for the political ad?
|
yes |
front groups
|
hiding the real sponsor behind an ad
|
Citizens United Case
|
corporations can now spend unlimited amounts of money to influence campaigns and policy
|
journalistic styles
|
1. traditional balanced journalism
2. ideologically- driven |
traditional balanced journalism
|
neutral reporting
-4th estate
-CNN, New York Times |
Ideologically driven journalism
|
certain networks are politically driven
Fox News= republican
MSNBC= democrat |
Murdoch |
created FOX news to try to influence public debate in the way he wanted
|
political strategists are counting on viewers to be:
|
uninformed
unaware of who pays
-unaware of info-entertainment
- politically illiterate |
prescription drug advertising
|
u.s. is only one of 2 countries that allows it
-regulated by FDA |