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primary goal of intellectual property law
reward invention, ingenuity, and creativity to maintain an open and competitive marketplace
what are the three areas that make up intellectual property law?
trademarks, copyrights, patents
licensing
the owner of the rights may grant permission for its use for a fee
When is someone infringing on the rights of the intellectual property owner?
when another does not have permission or licensed rights to use the copyright, trademark, or patent
trademark
word, name, symbol, or device used by a person to distinguish its goods from others
trademarks serve to indentify the ___.
source or origin
trademarks protect consumers from __.
confusion or deception
trademarks designate a ___.
consistent level of quality
trademarks represent ____. of the owner's products or services.
goodwill
trademarks signify a substation ___.
advertising investment
five purposes of trademarks
indentify source, protect consumers, designate consistent level of quality, represent goodwill, signify substantial advertising investment
copyrights
protect written works, music, pictures, or graphic designs and audiovisual works
examples of audiovisual works
broadcasts of sporting events
Copyright of 1976
protects original works appearing in any tangible medium of expression
Digital Millenium Copyright Act
provides copyright laws regarding digital creations and the Internet
copyright infringement
occurs when someone makes unauthorized use of copyrighted work
Are broadcast and cable television transmissions of sporting events covered by copyright law?
Yes
Are events, games, or statistics covered by copyright law?
Not necessarily
patents
may be granted to anyone who invents/discovers any new composition of matter or useful improvement
When can a patent NOT be granted?
for a mere idea without the actual invention of detailed description
Sport marketers must be aware that commercial communication can be restricted by ___.
federal laws
When can the state restrict speech?
when they have an interest in the speech and the speech advances that interest
ambush marketing
a company capitalizes on goodwill of an event to imply an official association with that event
The ______ the event is, the more often ambush marketing arises.
larger and more
forms of ambush marketing in sport
use of generic phrases, purchase of advertising time within the event broadcast, presence around venue, conduction consumer promos, offering congratulatory messages
right of privacy
protects against intrusion on a person's seclusion, misappropriation of a persons name, unreasonable publicity, and placing a person in a false light
right of publicity
prevents unauthorized commercial use of a persons name, likeness, or other recognizable aspects of his or her persona
What is the problem with court cases involving the right of publicity and invasion of privacy?
legal lines continue to be blurred
Contractual legal issues emerging related to team fans and their purchase of season tickets
teams suing their own season-ticket holders for failure to pay, ticket holders suing teams for requiring PSL or changing policies about seat location
PSL
personal seat licensing
Two implications sport marketers must consider in contractual issues involving consumers
legal and public relations
Popular sport marketing promotional tactics
sweepstakes, contests, and lotteries
elements related to promotional tactics that must be legally considered
prize, chance, and consideration
emerging issues at the intersection of sport marketing and law
athletes' use of social media, athletes' trademarking of names and slogans, using student-athletes' likenesses in video games
what is used to evaluate the cross-effect of the 5 p's
cross-effect matrix
Effect of product and price is more accurately __.
the effect of price on product
how does price effect the other p's?
visible and readily communicated, influences perception of quality and value, directly affects the product image
More often than not, ______ in their minds as they consider purchasing a sport product.
consumers are balancing product and price
The perceptions of the place in which an event occurs
facility image
big-league products demand ___.
big-league places
What aspects of promotions do products define?
appropriate formats and media
Sport marketers must use the right ___ for the right ___.
promotional medium; product
Do sport marketers have control over media's message?
No
What significantly affects a product's image in the public?
athlete endorsers
two major effects of price and place
consumers expect to pay higher prices for better facilities, consumers tend to pay for convenience
The price of a product dictates__.
the media for advertising the prduct
How does price dictate promotion?
price determines profit margin which determines promotional budget, price reflects target market
cost-plus pricing
adding together direct material, direct labor, and overhead costs to determine market price
market-based pricing
price based on consumers expectations
Should public relations be incorporated into pricing strategies? Why or why not?
Yes, to help consumers understand sport marketing decisions
How can sport marketers use place to promote?
promote stadium as place to be, use new facilities to have high attendance, promote old facility as uphill battle, promote special aspects of the venue
How can place effect public relations?
new seat configurations must be handled with care for franchise image, proactive public relations prior to event is an effective strategy to keep public informed and positive
Public relations image can ____ promotional efforts
negate
What is the best way to ensure effective marketing
control all parts of the marketing effort with a marketing control plan
Effective marketing control systems
mission statement in light of current position and desired position, organizational structure marshals resources to meet objectives, implement employee performance standards, methods put in place to adjust strategy, strucutre, and personnel based on performance
Functional areas within a sport organization that must work together to market the product effectively
marketing, PR, sales, development/fund-raising, market research
What happens when too few employees perform the functional areas?
lack of functional specialization --> lack of expertise, emphasis turns to operations rather than planning
Organizational goals should establish __ marketing objectives.
specific
Benchmarks readily available to help sport organizations gage marketing effectiveness
TMR's fan cost index, web visitor statistics, annual survey results reported by industry publications
First step to enhancing staff performance
Cooperatively set performance goals and objectives
Second step to enhancing staff performance
regularly evaluate progress
Third step to enhancing staff performance
establish a plan to improve or correct areas of weakness
Fourth/final step to enhancing staff performance
annually develop new goals that build on past experience
Portability of sport viewership will provide connectivity and on-demand information
sport marketing prediction for 2012
Sport facilities in Europe and Asia will become more Americanized
sport marketing prediction for 2012
Small-market baseball owners will pressure MLB to improve lack of competitiveness
sport marketing prediction for 2012
Corporate sponsor names and logos will appear on uniforms in a U.S. professional league
sport marketing prediction for 2012
Collegiate athletics programs at most major universities will add ticket sales departments
sport marketing prediction for 2012
Women's professional sport leagues will show little real growth
sport marketing prediction for 2012
Cell phones will become the ticket and credit cards will be accepted at sport benues and continue to be sources of interactive marketing and participation opportunities
sport marketing prediction for 2012
at least on more major U.S. sport league besides the NFL will hold its championship game at a neutral site and more all-star games will be located in major entertainment and tourism destinations
sport marketing prediction for 2012
availability of national media outlets and lure of quick cash infusions will begin to have a noticeable effect on good high school athletic programs, and will schedule athletics contests on a tional scale and "rent" athletes for one-or two-year terms to become attractions
sport marketing prediction for 2012
Corporate sponsorship names and logos will appear on game uniforms
sport marketing prediction for 2020
The big four professional leagues in the U.S. will become the big five (MLS)
sport marketing prediction for 2020
Business success of the four-team playoff for the national championship in college football will result in another round of conversation to expand the playoff
sport marketing prediction for 2020
the success of the secondary market will force teams to reconsider the definition of the term season ticket, leading to the demise of the original season ticket concept
sport marketing prediction for 2020
emphasis on game-day experience at venues will undergo a major transformation based on technology and emotional connectivity and benefits to the attendee
sport marketing prediction for 2020
football will see little if any measurable decline in the next seven years
sport marketing prediction for 2020
corporate partnership opportunities and benefits will extend to a corporate partner family including other businesses as well as consumer bases of those businesses
sport marketing prediction for 2020
fan involvement in decision making will increase regarding how the sport is played, packaged, or presented
sport marketing prediction for 2020
globalization in competition and broadcasting will continue to increase at a high rate
sport marketing prediction for 2020
Sport media will look similar to its current form due to contracts
Abe Madkour, Sports Business Journal
more immediate click,purchase, and delivery of sport products will occur
Abe Madkour, Sports Business Journal
Globalization of U.S. major leagues will continue.
Abe Madkour, Sports Business Journal
College football playoff will be incredibly popular and large NCAA schools will form a fourth division
Abe Madkour, Sports Business Journal
Sport organizations will become more involved in real estate
Abe Madkour, Sports Business Journal
Managing sponsor partnerships will become extremely complex
Susan Schroeder, NBA
Innovation within sponsorship delivery will increase at a frantic pace specifically with sponsors and properties trying to integrate new technology
Susan Schroeder, NBA
All sport orgz will emphasize recruiting, training, and motivating strong relationship managers
Susan Schroeder, NBA
Sport marketers will place greater emphasis on the social and ethical aspects of sport
Luca Petruzzellis, Italy
Sport fans will become more disengaged.
Luca Petruzzellis, Italy
Properties will develop new platforms to interact with consumers and will listen better
Alan Seymour, England
Sport will continue to link the global marketplace
Alan Seymour, England
Expanded use of mobile devices will allow fans to order concessions from their seat and see customized replays
Tom Hoof, Tampa Bay Rays
MLB will add replay, incorporating use of mobile devices.
Tom Hoof, Tampa Bay Rays
MLB will expand
Tom Hoof, Tampa Bay Rays
MLB teams will develop broadcast deals with technology firms like Google and Netflix
Tom Hoof, Tampa Bay Rays
Mobile content will expand, including live NBA streaming
Eric Woolworth, Miami Heat
Consumer ticketing and financial transactions will take place on mobile platforms
Eric Woolworth, Miami Heat
Consumers' in-venue spending will be tracked more effectively
Eric Woolworth, Miami Heat
Change will occur in the governance structure of college athletics
Hunter Lochmann, UMichigan
Payments to student athletes will dramatically affect athletics departments
Hunter Lochmann, UMichigan
Colleges will improve the in-game experience for fans
Hunter Lochmann, UMichigan
U.S. major leagues will have greater global presence through divisions in Europe and Latin America
Mike Boykin, GMR Marketing
Concussion research will force change in competition rules and equipment for contact sports
Mike Boykin, GMR Marketing
College football playoffs will expand the field, resulting in lucrative media rights deals
Mike Boykin, GMR Marketing
The U.S. will host a summer Olympic Games
Mike Boykin, GMR Marketing
Professional leagues will include fewer family-owned franchises and more younger owners
Mike Boykin, GMR Marketing
Women's professional tennis will have a greater footprint in the Asia-Pacific region, India, and Latin and South America
Stacy Allaster, Women's Tennis Assosication
Women's tennis will feature more events, more mixed-gender events, and greater prize money
Stacey Allaster, Women's Tennis Association
Cross-platform media consumption will increase and greater interactivity will occur between fans, events, and players
Stacey Allaster, Women's Tennis Association
Teams will rely less on team success and more on innovative marketing to draw attendance
Giorgio Gandolfi, GG Sport Marketing Italy
Grassroots participation in basketball will increase
Giorgio Gandolfi, GG Sport Marketing Italy
Consumer spending will shift from spectator sports to participation sports
Ward Bullard, Google
Proprerties will invest in technology to allow them to know more about their consumers
Ward Bullard, Google
In-game experience will mimic the at-home experience with customized concessions order and viewer controlled media in sport venues
Ward Bullard, Google
Consumers will be less concerned about the on-field product and more about overall entertainment value, spend less time and money on inferior quality sport products
Ward Bullard, Google
Second step to enhancing staff performance
regularly evaluate progress

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