Imitation as the sincerest form of ignorance
Purpose – This paper aims to note the imitation of apparently successful advertising as a replacement for thought by too many advertisers, misapplying the tactics of what seem to be past successes by other companies to current situations, sometimes not even attempting to find insight relevant to the current advertising situation. Imitation of what may be lucky accidents has become a tool for improper applications of old tactics to new problems.Design/methodology/approach – Noting the frequent pronouncements by business journalists that many businesses do things because they know they “work,” the reality is that even among marketing professionals, conventional wisdom is often, at best, an oxymoron.Findings – The pragmatic business need is to analyze new situations and consumer interests.Originality/value – The paper shows that, since advertising decisions are often the recommendations from outside suppliers, business managers who pay for this advice must realize that past success by others does not mean th...
Marketing experts' misplaced expertise in the courtroom
Unfair and deceptive marketing claims are becoming a mainstay of product liability litigation in the United States, and therefore, marketing experts will continue to play a significant role in these cases. Too often, judges permit individuals with no legitimate expertise in marketing to offer expert opinions about the intent and effect of a defendant company's advertisements. Many times, these opinions are premised on unscientific research or even no research at all. To protect the legitimacy of the marketing discipline, not to mention the litigation process, judges, lawyers, and marketing professionals should apply more stringent standards when determining who qualifies as a marketing expert and when assessing whether that expert's opinions have a legitimate basis.
Unfair competition law : the protection of intellectural and industrial creativity
Introduction 1. Unfair Competition, Its Legal Basis 2. Making the General Clause Specific 3. The Economics of Preemption and the Abuse of a Dominant Position 4. Shaping a New Action Malign Competition 5. Cognisance in Malign Competition 6. Cognisance in Intellectual Property Law 7. Malign Competition: Action and Remedy Conclusion