Trademarks As A Media For False Advertising Essay

Trademarks As A Media For False Advertising Essay

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Advertising, an annoyance the average American deals with every single day. Advertising is “1 tr. to promote (goods or services) publically to increase sales. 2 tr. To make generally known” (The Oxford 14). By definition alone, it doesn’t sound so bad: bringing information to the public, sharing products, etc… Yet when money comes into the equation, things go crazy. Advertisers will say almost anything to sell their products and get ahold of that elusive green paper. False advertising is the siren that catches many foolish sailors… So in that case, it’s probably best to assess what you’re buying in a coherent, thought out manner.
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...


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...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.


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