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Advertising is a key part of any business. Beware; before you do any be aware of legal liabilities. I will give a few examples of cases that involve advertising issues in hopes that it will help history not repeat itself. When you start an advertisement campaign be sure that you’re honest about your product or services offered.
Earlier this year, a well-known company to most, Bacardi, had an issue with the Lanham Act. The Lanham Act protects trademarks and false advertisements ("Lanham act," 2008). Allegedly, Bacardi falsely advertised the origin of their rum. Long story short the way they advertised the rum insinuated that it was manufactured in one place when it really was not. Bacardi stated the place as the rums geographic origin. They intended to relay the message that the rums recipe originated from the said geographic location, not that it was manufactured there. The outcome of this case was not guilty. But the moral of the story is to always be honest as possible with advertising. For an event planning example, advertise and trying to not confuse what is actually happening at the event. For other information related to this case please click on the following link: Pernod Ricard USA LLC v. Bacardi INC.
Online marketing has become very prominent. When advertising anything nowadays email blasts, websites and social media outlets are used. Be careful to check the laws before starting any campaign. The following company found themselves in the courtroom. Vonage Holding's Corp. was sending out email advertisements but found a way to avoid the spam folder by making their email header show false information. The case was dismissed because the law that they were in court for could be deemed unnecessary. Software is available for people to keep unwanted spam from their mailbox. The best way to send out email advertisements is to be clear about what you are advertising in the header. Most likely if someone is interested in your product or service they will read the email. If you would like more information on this particular case please see the following link: Kleffman v. Vonage Holdings Corp.
This final case I found extremely interesting. The moral of this case is don't use your fan base to get you out of trouble while you are in court. This is apparent for those in the entertainment industry. A particular radio host was banned from being on infomercials for three years because he had misrepresented the content of the books he was advertising on television. The host posted a radio broadcast on his website asking his fans to email the judge while during his case. Not only was it wrong to have his fans email the judge, the host made the formerly private email public. The host was sentenced to thirty days in jail. People of the entertainment world or anyone with a fan base, don't use your fans to get you out of trouble. If your case is any like this person's it will likely get you in more trouble. For more information on the case of the radio host please click on the following link: Federal Trade Commission v. Trudeau.
In any industry advertising is an extremely important part of business. Be sure to follow the law and you won't end up in court.
References:
Lanham act. (2008). Retrieved from http://legal-dictionary.thefreedictionary.com/Lanham+Act
http://caselaw.findlaw.com/summary/opinion/us-3rd-circuit/2011/08/04/255928.html
(2010). Retrieved from http://caselaw.findlaw.com/summary/opinion/ca-supreme-court/2010/06/21/170415.html
(2010). Retrieved from http://caselaw.findlaw.com/us-7th-circuit/1524785.html
(2011). Retrieved from http://caselaw.findlaw.com/us-3rd-circuit/1576419.html
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