Advertising & Marketing Law (LAW-795MK-001)
Students should come to the first class prepared to discuss the assigned readings.
This course focuses on a single industry: the advertising and marketing industry. It will take a horizontal view of that industry across substantive areas of law including contracts, torts, intellectual property, consumer protection, professional responsibility, and constitutional law. It will cover the following topics: the legal definition of advertising, false advertising (including FTC, state attorneys' general, and competitor and consumer class action enforcement actions), copyright, trademark, publicity rights, idea submission, privacy, and contests and sweepstakes. The course will also address hot topics in advertising in the digital age such as influencer marketing, the blurred the line between content and advertising, ambush marketing, keyword ads, micro-targeting, AI, machine learning, and predictive analytics in marketing, and marketing in immersive technologies.
Textbooks and Other Materials
The textbook information on this page was provided by the instructor. Students should use this information when considering purchases from the AU Campus Store or other vendors. Students may check to determine if books are currently available for purchase online.
Rebecca Tushnet and Eric Goldman, Advertising & Marketing Law: Cases & Materials (4th edition 2018)
available for purchase in the following formats: available for purchase as a PDF version, an ePub version, a Kindle version, or in hard copy version (in two volumes due to its size and includes a free PDF copy). Hard copies are available on Amazon. All others are available here: https://gumroad.com/l/UVENO.
According to the authors, there will be a new edition of the casebook out within the month. Look for Rebecca Tushnet and Eric Goldman, Advertising & Marketing Law: Cases & Materials (5th edition 2020). If you have already purchased the 4th ed., we will cope. If you haven’t yet purchases the book, please wait for the 5th ed.
First Class Readings
p. 9-49 of the casebook