Law & Advertising: A Guide to Current Legal Issues

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.

Foreword by Stephen P. Durchslag Preface Chapter 1. An Overview of Advertising Regulation PART 1: THE GENERAL LANDSCAPE OF LAWS RELATING TO ADVERTISING Chapter 2. The Federal Trade Commission's Role in Advertising Regulation Chapter 3. Specific Forms of Concern under The Federal Trade Commission Act Chapter 4. The Client-Agency Relationship Chapter 5. The Internet PART 2: THE BROAD ISSUES RELATING TO ADVERTISING Chapter 6. Comparative Advertising Chapter 7. The Rights of Privacy and Publicity Chapter 8. Advertising's Role in Products Liability PART 3: SPECIFIC ISSUES RELATING TO ADVERTISING Chapter 9. Copyright Regulation Chapter 10. Trademark Regulation Chapter 11. Contests and Lotteries Chapter 12. Guarantees and Warranties Chapter 13. Special Areas of Advertising Concern Notes on Cites Glossary Advertising Regulation Resources Index About The Author