The Law of Advertising, Marketing and Promotions
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"At last: a desk manual that works for everybody... An extraordinarily well organized and itemized work that explains the law in plain English and provides the current views of circuit courts where available." – Advertising Law Alert
Advertising has become ubiquitous in daily life, especially since the explosion of new media. The Law of Advertising, Marketing and Promotions explains the complex and evolving legislative, regulatory, court-based, and self-regulatory rules governing advertising content and practices. When is an omission a false claim under the Lanham Act? When can you use a competitor's name in online keyword advertising? This timely and indispensable treatise covers everything from the procedures for challenging false advertising to the questions raised by the latest online techniques. It provides legal analysis as well as practical tools, such as checklists for claim substantiation, disclosure and disclaimers, and sweepstakes.
Topics covered include: statutes, regulations, and case law; industry rules such as television network and Children's Advertising Review Unit (CARU) guidelines; false advertising claims and defenses; consumer surveys; intellectual property infringement, fair use and trademark dilution; direct marketing, sweepstakes, and contests; keywords, pop-ups and other online ads; rules for special products and industries; pros and cons of litigation in various fora; remedies; and more.
This complete guide to legal risk will help advertisers and their counsel make sense of overlapping legal structures, anticipate problems, and handle the issues raised by all types of advertising.
eBooks, CDs, downloadable content, and software purchases are noncancelable, nonrefundable and nonreturnable. Click here for more information about LexisNexis eBooks. The eBook versions of this title may feature links to Lexis+® for further legal research options. A valid subscription to Lexis+® is required to access this content.
Table of contents
CHAPTER 1 Introduction
CHAPTER 2 False, Unfair or Deceptive Advertising
CHAPTER 3 Claim Substantiation
CHAPTER 4 Disclosures and Disclaimers
CHAPTER 5 Survey Evidence
CHAPTER 6 Intellectual Property Rights
CHAPTER 7 Sweepstakes and Contests
CHAPTER 8 Direct Marketing
CHAPTER 9 Online Advertising
CHAPTER 10 Special Advertising Issues
CHAPTER 11 Procedural Aspects of False Advertising Challenges
CHAPTER 12 Remedies