False advertising has been a problem since America began, a slippery fish that the government tries to get ahold of. But one of the problems with pinning down this particular hindrance is that it’s hard to define. There are two main deceivers that an advertiser can use where its trademark is concerned. A trademark is “a word, name, or symbol that a seller uses “to distinguish … [its] goods… from those manufactured or sold by others” (Dillbary 331).
First off the name of the product itself can be misleading. For example, using “the mark “Simply Stevia” in connection with a sweetener that is not made from the plant Stevia. In such a case, the seller is engaging in outright fraud- the name of the product (its trademark) explicitly suggest that the product possesses an ingredient (i.e., an extract from the plant stevia) that it does not” (Dillbary 328). How is this harmful, you may ask. Well, is not the title of the product the initial conveyer of information? Don’t the trademarks “chocolate delight” or “beef jerky” immediately tell you what you’re buying? Most people do not look much farther than the name o...
... middle of paper ...
...bert, David Vollrath, and Mark Fox. "Tests Of Deceptive Advertising Used By The Federal Trade Commission With An Application To Alternative Medicine." Contemporary Readings In Law & Social Justice 4.1 (2012): 11-24. Academic Search Complete. Web. 9 Dec. 2013.
Larson, Joseph A. "Taming The Wild West: An Examination of Private Student Loan Consolidation Companies' Violations of § 43(A) of the Lanham Act by Using Trade Names and Logos That Closely Resemble Those Used by The United States Department of Education. (Cover Story)." Creighton Law Review 41.3 (2008): 515-573. Academic Search Complete. Web. 9 Dec. 2013.
Meisterernst, Andreas. "A New Benchmark For Misleading Advertising." European Food & Feed Law Review 8.2 (2013): 91-96. Academic Search Complete. Web. 9 Dec. 2013.
The Oxford New Desk Dictionary and Thesaurus. 3rd ed. New York: Berkley Pub Group, 2009. Print.
Need Writing Help?
Get feedback on grammar, clarity, concision and logic instantly.Check your paper »
- As the internet became more popular, so did a new form of advertising: social media. While social media advertising is different than print or television advertising, the same rules and regulations apply. But, it is difficult for companies to know when they are crossing the line. A rule often forgotten by businesses when using social media advertising is disclosing endorsements. An example of this oversight was described in a MediaPost article: “Advertising agency Deutsch LA, Inc. came under scrutiny in 2014 from the FTC for the social media campaign it designed for the Sony PlayStation Vita.... [tags: Advertising, Mass media, False advertising]
1309 words (3.7 pages)
- HICAL CHALLENGE: We live in a digital era. A recent study have shown that an average american spend about 8 hours a day on digital devices like laptop and smartphone. We spend about 2 years of our life just watching advertisements(Epstein, 2014). Spending this much time online can drastically affect the way we think. It has the power to change our perception from reality to a false certainty.Society tends to put more stress on women especially these days for achieving this false standards of beauty for acceptance (Kilborne, 2010).... [tags: Advertising, Woman, Mass media, Plastic surgery]
1233 words (3.5 pages)
- Calvin Klein trademarks is the subject of registrations and pending applications throughout the world for use on a variety of apparel, footwear and related products, and we continue to expand our worldwide usage and registration of new and related trademarks. In general, trademarks remain valid and enforceable as long as the marks continue to be used in connection with the products and services with which they are identified and, as to registered trade names, the required registration renewals are filed.... [tags: Brand, Advertising, Trademark, Branding]
1153 words (3.3 pages)
- TAP v BOTTLE As a consumer in a world where advertisements are constantly being flashed before my eyes, I am always wary over the truth of the messages that I see. False advertising is a growing trend among businesses today and unfortunately, it is not limited to just cars and material things. Consumers of every group are targeted and almost all companies are guilty of this crime. Whether deliberate or unintentional, in today’s world, you just never really know what you are getting. Just recently, Nestle, was sued for a second time, because of false advertisements.... [tags: Bottled water, Advertising, Water, Aquifer]
737 words (2.1 pages)
- Discussions about advertisements and its effects on mass media as well and the audience who consume mass media have long been ingrained into the premises of this course. In the same light, concepts such as discourse, bias, propaganda and intertextuality have been used to measure the differences between commercial broadcasting and private broadcasting with the concept of advertising playing a crucial role in a comparison between the two. However, for the purposes of this paper, such concepts will only be used to analyze advertising in the mass media.... [tags: Advertising, Broadcasting, Mass media, Propaganda]
2087 words (6 pages)
- The evolution and rise of new media has changed that way we live, and ultimately has impacted the advertising industry. New media is changing constantly, and has given consumers the platform to become gatekeepers of the media. The Internet has become a place of instant feedback, active participation, and this is due to the popularity of social networking sites, like Twitter, Facebook and Instagram. The use of new media has given consumers the opportunity to be interactive and create their own content, and consumers can now choose what they want to distribute.... [tags: Advertising, Mass media, Online advertising]
1383 words (4 pages)
- Throughout this essay I will analyze today’s advertising industry mainly through social media. I will complete this by exploring all the advertisements that were targeted to me, being the consumer over a three day period. Firstly, it is important to define what advertising actually is according to Will Rogers,“advertising is the art of convincing people to spend money they don’t have for something they don’t need” (Pg. 32). Clearly this quote insinuates advertising can be a persuasive business, this is a topic which will be discussed when looking at the advertisements targeted at myself.... [tags: Advertising, Google, Marketing, Social media]
2752 words (7.9 pages)
- Social Media Advertising: Consumerism Hook: From “Cyber Monday,” to coupon codes, and free shipping, online shopping has gone from an alternative solution to a primary source of consumerism. Have any of us ever thought about why social media has introduced those annoying advertisements literally every site now days. Without consumerism, capitalism would not flourish the way it does in society. It’s commonplace for the average person to spend a few hours a week (or more!) online. Whether it’s Facebook, Pinterest, Twitter or Youtube, sites makes it easier to become consumers, there’s always a plethora of enticing advertisements.... [tags: Advertising, Social media, Google, YouTube]
1519 words (4.3 pages)
- The Effects of Advertising and Media on Society Advertising is an important social phenomenon. It both stimulates consumption, economic activity models, life-styles and a certain value orientation. Consumers are confronted with extensive daily doses of advertising in multiple media. With the continual attack of marketing media, it is presumable that it will affect our individualism and society as a whole. Consumer minds' can be changed, opinions molded. Images of men influence the gender role attitudes that men express soon after exposure to the images.... [tags: Advertising Advertisements Media Essays]
1824 words (5.2 pages)
- False Advertising Nowadays television and the advertising displayed in it is a part of everyday life in most households. What many people do not know is that television in many ways is bad. Numerous articles have been written on this. Many surveys and books have been written on this subject as well. The ads in television are what are especially bad. Some television ads are misleading. Countless articles have been written on false advertising on television. Most of these articles target specific instances of fraudulent behavior, but some do address the television industry as a whole.... [tags: essays research papers fc]
623 words (1.8 pages)