Chapters 1 & 2 (SL)
This is the first step of the preventative law process
What is risk identification/legal audit?
This is defined as any name used to identify one’s business or vocation
What is a trade name?
This federal U.S. agency holds the greatest responsibility for administering consumer production laws in the United States
What is the Federal Trade Commission?
Customers, the media and the environment all classify as this to businesses
What are stakeholders?
This is the most common risk transfer method
What is insurance?
This legal case is defined as a civil wrong other than a breach of contract, usually referring to the causing of damage or injury to property, a person, a person’s reputation, or a person’s commercial interest
What is a tort?
The unauthorized use of a registered trademark is known as this
What is infringement?
These two marketing-related crimes are illegal under both federal and state law in all 50 United States.
What are false advertising and deceptive consumer practices?
This concept relates to utilitarianism, or the doctrine that actions are right if they are useful or for the benefit of a majority
What are consequences?
This is generally a strong influence on our ethical standards
What is family?
A holistic approach should be taken to determine this
What is risk identification?
This U.S. law ensures the holder of a copyright cannot have its copyrighted material posted on the Internet without authorization
What is the Digital Millennium Copyright Act?
For an athlete endorsement to satisfy the FTC deceptive trade practices regulations it must do this
What is reflect the honest opinion or experience of the athlete?
Someone capable of distinguishing right from wrong and willing to be held accountable for his or her choices is known as this
What is a moral agent?
An unauthorized sneaker manufacturer uses three stripes as the logo on its sneaker, exactly like that on an Adidas sneaker, is an example of this type of infringement
What is counterfeiting?
The role of the courts is to decide legal controversies by interpreting these three items
What are constitutions, statutes, and common law precedent?
An individual’s common law right to control and profit from the commercial use of their name, likeness and persona draws from these three main items
What are invasion of privacy, misappropriation, and right to publicity?
This outlines the limits of the government’s authority to regulate speech that arises in private businesses’ advertising
What is the commercial speech doctrine?
Workplace research indicates that employees are more likely to be unethical when they are one of these
What is dissatisfied with their jobs or see their superiors acting unethically?
This occurs during a trial when there are no genuine issues of material fact and the judge is able to apply the facts to the law to decide the dispute
What is motion of summary judgment?
SubShop is a quick service, submarine sandwich restaurant. One of its main competitors is Golden’s. SubShop and Golden’s compete for the same customers and both of their Chief Marketing Officers understand the power of sport marketing in promoting their respective brands. Recently, Golden’s secured one of the most lucrative sport sponsorships, an IOC top partnership, which allows it to be the exclusive quick service restaurant of the Olympic Games. SubShop is frustrated that it lost out of the opportunity. To overcome this loss, SubShop begins running a series of advertisements featuring former Olympic athletes, with the hope that consumers will believe it is an official partner of the IOC. SubShop’s commercial can be classified as this type of marketing tactic
What is an indirect ambush?