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Hit or Misled - Essay Example

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In the article titled "Hit or Misled", author Ross D. Petty explains the complications that come with identifying and branding a product. New products that have not established recognition through function or quality, often rely on associating their product through consumer identification…
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Hit or Misled

Download file to see previous pages... There are vague areas in the law and the requirements can vary widely, especially when marketing in other countries. To further complicate the process, states may have state laws that may restrict certain brand names. Petty points this out by noting that "[] roughly half the U.S. states" recognize the right of a celebrity to control their name and likeness when used in product promotion (47).
The legal requirements for branding and promoting a product often lie in the ability of the consumer to discern fact from fiction. The example of Bermuda shorts is an instance where no reasonable consumer would believe they are actually from Bermuda (46). However, the term Idaho potato may have less legal foundation as consumers may reasonably assume they are from Idaho. Processes that have become more generically accepted into the market, such as Swiss cheese, may be allowed by the courts.
Adding to the complicated process of using endorsements is the legal requirement that any claims by a celebrity of expert must be factual. The expert must have the credentials to make the claim and the celebrity can only testify to their actual experience. This places the marketer in a position where they must carefully weigh what a court might consider truthful. ...Download file to see next pagesRead More
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