Advertising Law

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Advertising Law

1.

Advertising and Public Relations Law
by Roy L. Moore, Ronald T. Farrar, Erik L. Collins. 504 pgs.

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Title Page

Contents

Preface

I: The Commercial Speech Doctrine

1: Introduction

2: The Development of Commercial Speech Doctrine

3: Public Interest Information as Commercial Speech

II: Govermental Regulation of Advertising and Commercial Speech

4: The Federal Trade Commission

5: The Sec, the Fda, and Other Federal Agencies

III: Prior Restraints on Advertising, Public Relations, and Commercial Speech

6: Deceptive, Fraudulent, and Unfair Advertising

7: Professional Advertising and Promotion

8: Products Liability

9: Defamation and Product Disparagement

IV: Commercial Speech Torts

10: Appropriation and the Right of Publicity

11: Public Disclosure of Private Facts

12: False Light Invasions of Privacy

V: Intellectual Property

13: Trademarks, Patents, and Trade Secrets

14: Copyright

15: Self-Regulation by the Industry

16: Obscenity and Indecency

17: Journalistic Privilege, Free Press/ Fair Trial Issues, and Problems in Gaining Access to Information

Endnotes

Appendix A: Professional Codes

Appendix B: The Constitution of the United States

Appendix C: The United States Court System

Appendix D: Copyright Registration Forms

Appendix E: Trademark Registration Forms

Appendix F: Model Releases

Table of Cases

Index
2.

Issues in Advertising: The Economics of Persuasion ("Advertising and Legal Theory" begins on p. 15)
by David G. Tuerck. 286 pgs.

Book

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Title Page

Major Contributors

Contents

Introduction

Acknowledgments

Part One Issues in Regulation

Advertising and Legal Theory

Advertising Regulation and the Consumer Movement

Commentaries

Part Two Advertising and the Firm

Towards a Theory of the Economics of Advertising

Introduction

Optimal Advertising: an Intra-Industry Approach

Conclusion

Technical Appendix

Commentaries

Part Three Advertising as Information

Advertising as Information Once More

Appendix A: Derivation of the Relationship Between a and P*

Appendix B: Data Sources

Advertising, Information, and Product Differentiation

Commentaries

Four Part Advertising, Concentration, and Profits

Advertising Intensity and Industrial Concentration- an Empirical Inquiry, 1947-1967

Conclusions

Advertising and Oligopoly: Correlations in Search of Understanding

Appendix A

Appendix B

Commentaries
3.

Deceptive Advertising: Behavioral Study of a Legal Concept
by Jef I. Richards. 244 pgs.

Book

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Title Page

Contents

Preface

Acknowledgments

Chapter 1: Introduction

Chapter 2: The Law's View of Deception as a Legal Concept

Chapter 3: The Law's View of Deceptiveness as a Behavioral Concept

Chapter 4: Behavioral Researchers' View of Deceptiveness as a Behavioral Concept

Chapter 5: A Proposed Theory and Definition of Deceptiveness

Chapter 6: A Design for the Measurement of Deceptiveness

Chapter 7: Pilot Study

Chapter 8: Summary

APPENDIX A: Original Advertisements

APPENDIX B: "True" Memoranda

APPENDIX C: "False" Memoranda

APPENDIX D: No-Attribute-Information Control Stimuli

APPENDIX E: Instructions and Questionnaires

Case Index

Author Index

Subject Index
4.

Lies, Damn Lies, and Misleading Advertising: The Role of Consumer Surveys in the Wake of Mead Johnson v. Abbott Labs, in William and Mary Law Review
by Thomas W. Edman. 30 pgs.

Journal Article
5.

Advertising and the World Wide Web (Chap. 15 "From Spam to Stern: Advertising Law and the Internet")
by David W. Schumann, Esther Thorson. 317 pgs.

Book

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Title Page

Additional Info

Title Page

Publication/Copyright Page

Contents

Preface

Dedication Page

Introduction

Part 1: Definitions, History, and Theoretical Foundations

1: Web Advertising's Birth and Early Childhood As Viewed in the Pages of Advertising Age

References

2: Understanding Interactivity Of Cyberspace Advertising

References

3: Current Advertising on the Internet: The Benefits and Usage of Mixed Media Advertising Strategies

References

4: New and Improved! Advertising In Cyberspace: Using Specific Conduits To Access Browsers and Seekers

References

Part 2: Structure, Function, and Effectiveness

5: Children, Advertising, and the Internet: An Exploratory Study

References

6: Effectiveness of Internet Advertising By Leading National Advertisers

References

Appendix: Description of Corporate Internet Web Sites Included in the Study

7: Interactive Media: a Means For More Meaningful Advertising?

References

8: Sophistication on the World Wide Web: Evaluating Structure, Function, and Commercial Goals of Web Sites

References

9: Scaling the Web: a Parasocial Interaction Scale For World Wide Web Sites

References

10: Cyberhate: Extending Persuasive Techniques of Low Credibility Sources to the World Wide Web

References

11: Online Newspaper Advertising: a Study Of Format and Integration with News Content

References

12: The Adoption of the World Wide Web By Marketers for Online Catalogs: A Diffusion Analysis

References

13: Advertising in an Interactive Environment: A Research Agenda

References

Part 3: Public Policy Issues

14: Cyber-Cookies: How Much Should The Public Swallow?

References

Appendix: Consumer Internet Privacy Protection Act of 1997

15: From Spam to Stern: Advertising Law and the Internet

References

Appendix: Consumer Internet Privacy Protection Act of 1997

Part 4: Applications

16: Old-Fashioned Salesmanship In a Newfangled Medium

17: An Audience Survey From The First Gridiron Cybercast

References

18: Conversations with Practitioners

19: Thoughts Regarding the Present and Future of Web Advertising

References

Author Index

Subject Index
6.

The American Trojan Horse: U.S. Television Confronts Canadian Economic and Cultural Nationalism (Part II "Advertising Controls")
by Barry Berlin. 130 pgs.

Book

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A historical and descriptive study of the United States/Canadian mass communications "border war," this volume centers on millions of dollars spent annually by companies to advertise on U.S. border stations. Berlin chronicles this dispute as it evolves through its two stages: Canadian action (1970 to 1976) and U.S. response (1976 to 1988). He focuses on Canada's vision of the U.S. media--a "modern Trojan Horse" that has penetrated domestic media and will ultimately absorb Canadian culture and identity.

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Title Page

Contents

Acknowledgments

Part I Background

1 Mass Media in Canada And the United States

NOTES

Part II Advertising Controls

2 Deletion Days

3 A Breakthrough

NOTES

3 Legislation

NOTES

Part III Border Stations Respond

4 Initial Moves

NOTES

5 New Tacks

NOTES

6 Pulling It Together

NOTES

7 Some Battles Won/War Winds Down

NOTES

Conclusions

NOTES

Selected Bibliography

Index

About the Author
7.

The Commercial Appropriation of Personality ("The Advertising Standards Authority Code" begins on p. 50)
by Huw Beverley-Smith. 364 pgs.

Book

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Commercial exploitation of attributes of an individual's personality (name, voice and likeness) is characteristic of modern advertising and marketing. This volume provides a framework for analyzing the disparate aspects of the commercial appropriation of personality and traces its discrete patterns in the major common law systems. It considers whether a coherent justification for a remedy may be identified from a range of competing theories.

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Title Page

Contents

Preface

Table of Cases

Table of Statutes

Part I: A Framework

1: The Problem of Appropriation of Personality

Part II: Economic Interests and the Law of Unfair Competition

2: Introduction

3: Statutory and Extra-Legal Remedies

4: Goodwill in Personality: the Tort of Passing off in English and Australian Law

5: Unfair Competition and the Doctrine of Misappropriation

Part III: Dignitary Interests

6: Introduction

7: Privacy and Publicity in the United States

8: Privacy Interests in English Law

9: Interests in Reputation

Part IV: Pervasive Problems

10: Property in Personality

11: Justifying a Remedy for Appropriation of Personality

Part V: Conclusions

12: The Autonomy of Appropriation of Personality

Bibliography

Index

Cambridge Studies in Intellectual Property
8.

Investment Adviser Advertising: For the Uninitiated, the SEC's Complex Rules Can Have Unintended Consequences, in Journal of Accountancy
by Brian Carroll. 7 pgs.

Journal Article
9.

From Nike v. Kasky to Martha Stewart: First Amendment Protection for Corporate Speakers' Denials of Public Criminal Allegations, in Journal of Criminal Law and Criminology
by Cynthia A. Caillavet. 35 pgs.

Journal Article
10.

Exploring the Constitutionality of Commercial Speech: A View of Tobacco Advertising, in Communications and the Law
by Hyo-Seong Lee. 10 pgs.

Journal Article
11.

Law and Investment in China: The Legal and Business Environments after China's WTO Accession ("Advertising" begins on p. 243)
by Vai Io Lo, Xiaowen Tian. 386 pgs.

Book

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Despite the growth of the Chinese market in recent years, the legal system that governs it remains very complicated. This text outlines the main points of Chinese commercial law, focusing on legislation regarding foreign investment, and highlights the recent economic reforms made by the Chinese government.

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Contents

Preface

1: An Overview of the Chinese Legal System

2: Business Organizations

3: Foreign Investment Enterprises

4: Contracts

5: Intellectual Property

6: Labor and Employment

7: Consumer Protection

8: Taxation, Banking, and Securities

9: Dispute Resolution

10: Accession to the World Trade Organization

11: The Development of the Western Region

Table of Chinese Legal Documents

Table of Cases

Useful Web Sites

Index

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