Law And Reputation

The legal system affects behavior not just directly, by imposing sanctions, but also indirectly, by producing information on how people behave. For example, internal company documents exposed during litigation will help third parties assess whether they trust a company and want to keep doing business with it. The law therefore affects behavior by shaping reputations. Drawing on economics, communications, and a nascent multidisciplinary literature on reputation, Roy Shapira highlights how reputation works, and how information from the courtroom affects the court of public opinion, with a particular emphasis on the role of the media. By fleshing out interactions between law and reputation, Shapira corrects common misperceptions about the ability of market forces to discipline corporate behavior and adds to timely, ongoing debates such as the desirability of heightened pleading standards or mandatory arbitration clauses. Law and Reputation should interest any scholar who invokes notions of market discipline in their work.

When a mark acquires a reputation, it becomes a means of attracting consumers by communicating to them various messages going beyond the indication of commercial origin of goods or services. Thus, trade marks familiar to the general public enjoy a special legal protection regime above and beyond that afforded trade marks in general, allowing them to benefit from enhanced protection against reproduction or imitation detrimental to, or taking unfair advantage of, the distinctive character of the mark or its repute. This richly researched book, the first comprehensive guide to current European Union (EU) law and practice concerned with reputed trade marks, conducts an in-depth analysis of this extended protection provided by Regulation 2017/1001 on EU trade marks and Directive 2015/2436 under which it is mandatory across all Member States. Using a practical approach, focused on identifying and analysing the criteria for infringement of trade marks with a reputation in proceedings before civil courts and in administrative proceedings before the European Union Intellectual Property Office (EUIPO) or national trade mark offices, the author addresses such elements of the special protection regime as the following: prerequisites for infringement of the right to a reputed mark common to all recognised forms of infringement; how to demonstrate each type of infringement of the right to the trade mark with a reputation (blurring, tarnishment and unfair advantage); proof of reputation; distinguishing the concept of well-known trade mark; legitimate versus questionable justifications of the ‘due cause’ exception within the meaning of EU law provisions; use of a disputed sign falling under freedom of expression; identifying the role of likelihood of confusion under the special regime; and how to prove the existence of a link between the signs in dispute. The author pays detailed attention to the case law of the Court of Justice and General Court of the EU, as well as cases before the EUIPO and national courts. He takes into account research from a number of Member States (plus Switzerland), thus widening prior work in the field from its predominant English-language context. With this book practitioners will confidently approach cases before courts, the EUIPO and national EU trade mark offices involving enhanced protection of trade marks with a reputation. In addition, the book will help judges and trade mark offices examiners to interpret the EU provisions and assess claims regarding such reinforced protection. For scholars and students of intellectual property law, this book will prove a cornerstone volume in the field.

In "Judicial Reputation: A Comparative Theory, "Tom Ginsburg and Nuno Garoupa mean to explain how judges respond to the reputational incentives provided by the different audiences they interact with--lawyers and law professors; politicians; the media; and the public itself--as well as how legal systems design their judicial institutions to calibrate the locally appropriate balance among audiences. Making use by turns of careful empirical work and penetrating conceptual insights, Ginsburg and Garoupa argue that any given judicial structure is best understood not through the lens of legal culture, origin, or tradition, but through the economics of information and reputation.

"Indispensable insights into creating and maintaining a good corporate reputation. The writing is straightforward and refreshingly free of jargon, and the company examples are timely, relevant, and revealing." Paul Danos, Dean, Tuck School of Business at Dartmouth."Every executive will benefit from reading this expertly written guide" - Ronald Sargent, President and CEO, Staples, Inc."A unique combination of expert journalistic insight and knowledge gained from quantitative research into how people perceive corporations." Joy Marie Sever, Senior VP, The Reputation Practice at Harris InteractiveIn this topical and up-to-date book, Wall Street Journal news editor Ron Alsop provides 18 lessons based on years of experience covering every aspect of corporate reputation. He shows the benefits of a good reputation, the consequences of a bad one, how to measure reputation and nurture a good one. There's advice on how to identify the most likely dangers to a company's reputation, how to use the Internet to control perception of an organization, and how to present good deeds in the right way. Punchy and informative, it draws on real life examples from major corporations, including FedEx, BP, McDonalds, DuPont, Calvin Klein, Coca-Cola, Levi Strauss and Co. and Enron.

Teeming with chatrooms, online discussion groups, and blogs, the Internet offers previously unimagined opportunities for personal expression and communication. But there's a dark side to the story. A trail of information fragments about us is forever preserved on the Internet, instantly available in a Google search. A permanent chronicle of our private lives--often of dubious reliability and sometimes totally false--will follow us wherever we go, accessible to friends, strangers, dates, employers, neighbors, relatives, and anyone else who cares to look. This engrossing book, brimming with amazing examples of gossip, slander, and rumor on the Internet, explores the profound implications of the online collision between free speech and privacy. Daniel Solove, an authority on information privacy law, offers a fascinating account of how the Internet is transforming gossip, the way we shame others, and our ability to protect our own reputations. Focusing on blogs, Internet communities, cybermobs, and other current trends, he shows that, ironically, the unconstrained flow of information on the Internet may impede opportunities for self-development and freedom. Long-standing notions of privacy need review, the author contends: unless we establish a balance between privacy and free speech, we may discover that the freedom of the Internet makes us less free.

This book investigates the elements that have developed as part of the definition of propriety and good behavior, and how the law has acted to protect respectable people and their reputations.

The essential guide to protecting and managing the professional reputation of both yourself and your organization. In the volatile landscape of social media and viral news, professional reputations can be wrecked within a matter of hours. Passivity in the face of public criticism is often perceived as conceding guilt, while an ill-judged response can just make things worse. But few senior business leaders, entrepreneurs, public figure, talent managers, in-house lawyers and even PR professionals are aware of the full array of strategies available that can both prevent and mitigate PR crises. In Reputation Matters, Jonathan Coad draws upon his decades of expertise (both as one of the country's leading PR lawyers and as a highly regarded editorial lawyer) to provide this essential guide to protecting and managing both your professional reputation and that of your organization. With the blurred lines between traditional and social media and the growing predominance of misinformation, reputations are now more valuable and vulnerable than ever. Reputation Matters grants readers a unique insider's insight into how the media works, teaches the best strategies for countering any threats, and uncovers the intricacies of litigation PR. In this engaging and essential book, Jonathan gives practical advice on how to cultivate and secure your reputation, which is enriched and supported by a selection of first-hand case studies from his illustrious career.

Considers current pressures to expand legal protection given to reputation and brands in the Asia Pacific region and the associated controversies.

Reputation matters more than ever in our connected global economy. Intangible but invaluable, a good reputation has the capacity to enhance business and competitive advantage. Conversely, reputation damage can negatively impact earnings, profitability, market share and recruitment and retention. Reputation risk management is, therefore, a concern that every business needs to prioritise. Written by Tracey Walker, partner of national law firm Simpson Grierson, this book is a practical guide for New Zealand lawyers in private practice, corporate counsel, communications managers and public relations practitioners. It explains legal issues relating to reputation management and protection, covers key aspects of the law and corporate communication, and provides tips on how to avoid communication pitfalls to minimise legal risk.