Advertising Law Conference 2002

The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

In this lively, entertaining, and informative book, Dean K. Fueroghne guides readers through the complex laws governing the creation of advertising, illuminating a heavily regulated arena at the intersection of free enterprise and consumer protection. Is it acceptable to use images of real people, famous or not? Can Nike talk about Adidas in its promotional campaign? When can money be shown? What constitutes puffery, or deceptive truth, or bait-and-switch advertising? What are the specific rules pertaining to professional businesses, political advertising, or the marketing of alcohol or tobacco? What is the difference between copyright and trademark? Fueroghne answers these questions and more as he covers the complex laws relevant to advertising in all its guises. In addition to discussing specific cases, he explains the reasoning behind the court’s decisions and how it affects the business of advertising. Students of strategic communication as well as advertising professionals—from agency account executives and copywriters to art directors and freelance designers—will learn to anticipate when proposed advertising may cause legal problems and how to avoid costly mistakes. Advertising lawyers will also appreciate the book as a handy reference that gathers in one place the many disparate laws affecting marketing and promotion in the United States today.

Most cross-border advertising occurs uncontroversially. However, because international advertising activity falls under so many diverse areas of law, some familiarity with the dense web of legislation, regulation, and case law that may effect its use is essential for all advertisers. This well-known book, now in a fully updated third edition, provides all the necessary information in an easy-to-use country-by-country format. Twenty-six country reports, each by a local expert, provide detailed information on the particular legal environment in each country vis-à-visadvertising, including specific effects of all relevant treaties and trade agreements. Among the issues and topics taken into account are the following: · effect of import restrictions on advertising; · use of price comparisons in advertising; · ‘cold calling’; · consumers’ right to dispute resolution; · ‘blacklisted’ practices; · use of a language other than that of the target country; · special rules for agricultural products; · principles of non-discrimination and equal treatment of nationals; · precautionary principle versus risk principle; · protection of trademarks; · false or deceptive indication of source; · product ‘placement’ in non-advertising communications; · respectful interaction with religious, cultural, and social values; and · when a statement may be deemed ‘misleading’. Because the freedom to market a product simultaneously in several countries is a significant economic benefit, the invaluable information and guidance in this book on what is legally possible in a broad range of countries will be enormously beneficial to firms in all fields that engage in the sale and marketing of products or services. Corporate counsel and marketing directors will warmly welcome this new edition of a proven handbook. "

This reference offers coverage of the day-to-day legal issues faced by anyone working in the advertising field. Veteran intellectual property lawyer Lee Wilson seeks to make the law accessible for the lay reader, offering details on copyright considerations, trademarks, libel, privacy and publicity issues, advertising on the Internet, guidelines for marketing to children and the elderly, and complying with FTC regulations. Also included are checklists to help advertisers assess the legality of their designs, plus several form agreements.