Hidden Messages: the Growth of Product Placement
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Supreme Court of the United States
No. _________ ================================================================================================================ In The Supreme Court of the United States --------------------------------- --------------------------------- GEFT OUTDOOR, L.L.C., Petitioner, v. CITY OF WESTFIELD, HAMILTON COUNTY, INDIANA, Respondent. --------------------------------- --------------------------------- On Petition For Writ Of Certiorari To The Seventh Circuit Court Of Appeals --------------------------------- --------------------------------- PETITION FOR WRIT OF CERTIORARI --------------------------------- --------------------------------- A. RICHARD M. BLAIKLOCK JOSH S. TATUM LEWIS WAGNER, LLP Counsel of Record 501 Indiana Ave., Suite 200 PLEWS SHADLEY RACHER Indianapolis, IN 46202-6150 & BRAUN LLP Phone: 317-237-0500 1346 N. Delaware St. Email: rblaiklock@ Indianapolis, IN 46202-2415 lewiswagner.com Phone: 317-637-0700 Email: [email protected] Counsel for Petitioner ================================================================================================================ COCKLE LEGAL BRIEFS (800) 225-6964 WWW.COCKLELEGALBRIEFS.COM i QUESTION PRESENTED Petitioner, GEFT Outdoor, L.L.C., buys and leases land on which to construct, maintain, and operate signs and billboards to be used for the dissemination of both commercial and noncommercial speech. Believ- ing the City of Westfield’s regulations of signs to be un- constitutional, GEFT Outdoor, L.L.C. began erecting a digital billboard on land located within the City of Westfield without -
ADVERTISING How to Contact Us
ADVERTISING How to Contact Us David George Chief Investigator – Motor Vehicles (512) 465-4147 [email protected] Sharon Ruszczyk Advertising Investigator (512) 465-4260 [email protected] 2 Outline ▪ WHAT IS ADVERTISING? ▪ WHAT LAWS APPLY? ▪ FALSE & MISLEADING, AVAILABILITY, ACCURACY, UNTRUE CLAIMS ▪ SAVINGS CLAIMS/DISCOUNTS & DEALER PRICE ADVERTISING ▪ IDENTIFICATION OF VEHICLE, TRADE-IN ALLOWANCE, FREE OFFERS ▪ FINANCING DISCLOSURES ▪ BAIT ADVERTISEMENTS, LOWEST PRICE CLAIMS ▪ LEASE ADVERTISING GUIDE, BROKERING ▪ ENFORCEMENT ACTION ON COMPLAINTS ▪ FREQUENTLY ASKED QUESTIONS 3 What Is An Advertisement? 43 TEX. ADMIN CODE § 215.244 Advertisement An oral, written, graphic, or pictorial statement or representation made in the course of soliciting business, including, without limitation, a statement or representation made in a newspaper, magazine, or other publication, or contained in a notice, sign, poster, display, circular, pamphlet, or letter, or on radio, the Internet, or via an on-line computer service, or on television. Does not include direct communication between a dealer or dealer’s representative and a prospective purchaser. 5 State Statutes TEXAS OCCUPATIONS CODE § 2301.351 A Dealer May Not: ▪ Violate a board rule. ▪ Aid or abet a person who violates this chapter… or a rule adopted under this chapter. ▪ Use FALSE, DECEPTIVE, UNFAIR OR MISLEADING advertising relating to the sale or lease of motor vehicles. 6 Board Rules 43 TEX. ADMIN. CODE § 215.241 Objective: Regulate advertising by requiring truthful and accurate advertising practices for the benefit of the citizens of this State. 43 TEX. ADMIN. CODE § 215.242 General Prohibition - A person advertising motor vehicles shall not use FALSE, DECEPTIVE, UNFAIR, OR MISLEADING advertising. In addition to a violation of a specific advertising rule, any other advertising or advertising practices found by the Board to be false, deceptive, or misleading, whether or not enumerated herein, shall be deemed violations of the Code, and shall also be considered violations of the general prohibition. -
A Brief Primer on the Economics of Targeted Advertising
ECONOMIC ISSUES A Brief Primer on the Economics of Targeted Advertising by Yan Lau Bureau of Economics Federal Trade Commission January 2020 Federal Trade Commission Joseph J. Simons Chairman Noah Joshua Phillips Commissioner Rohit Chopra Commissioner Rebecca Kelly Slaughter Commissioner Christine S. Wilson Commissioner Bureau of Economics Andrew Sweeting Director Andrew E. Stivers Deputy Director for Consumer Protection Alison Oldale Deputy Director for Antitrust Michael G. Vita Deputy Director for Research and Management Janis K. Pappalardo Assistant Director for Consumer Protection David R. Schmidt Assistant Director, Oÿce of Applied Research and Outreach Louis Silva, Jr. Assistant Director for Antitrust Aileen J. Thompson Assistant Director for Antitrust Yan Lau is an economist in the Division of Consumer Protection of the Bureau of Economics at the Federal Trade Commission. The views expressed are those of the author and do not necessarily refect those of the Federal Trade Commission or any individual Commissioner. ii Acknowledgments I would like to thank AndrewStivers and Jan Pappalardo for invaluable feedback on numerous revisions of the text, and the BE economists who contributed their thoughts and citations to this paper. iii Table of Contents 1 Introduction 1 2 Search Costs and Match Quality 5 3 Marketing Costs and Ad Volume 6 4 Price Discrimination in Uncompetitive Settings 7 5 Market Segmentation in Competitive Setting 9 6 Consumer Concerns about Data Use 9 7 Conclusion 11 References 13 Appendix 16 iv 1 Introduction The internet has grown to touch a large part of our economic and social lives. This growth has transformed it into an important medium for marketers to serve advertising. -
Extra-Governmental Censorship in the Advertising Age
Loyola of Los Angeles Entertainment Law Review Volume 12 Number 2 Article 5 3-1-1992 Extra-Governmental Censorship in the Advertising Age Steven C. Schechter Follow this and additional works at: https://digitalcommons.lmu.edu/elr Part of the Law Commons Recommended Citation Steven C. Schechter, Extra-Governmental Censorship in the Advertising Age, 12 Loy. L.A. Ent. L. Rev. 367 (1992). Available at: https://digitalcommons.lmu.edu/elr/vol12/iss2/5 This Article is brought to you for free and open access by the Law Reviews at Digital Commons @ Loyola Marymount University and Loyola Law School. It has been accepted for inclusion in Loyola of Los Angeles Entertainment Law Review by an authorized administrator of Digital Commons@Loyola Marymount University and Loyola Law School. For more information, please contact [email protected]. EXTRA-GOVERNMENTAL CENSORSHIP IN THE ADVERTISING AGE Steven C. Schechter* I. INTRODUCTION "Throughout history, families and religious groups have recognized their influence over the lives of their members and have used this influ- ence to maintain unity and adherence to a given set of values."' Vocal activists have for generations waged wars against works of literature and 2 art that they have found offensive to their religious or moral beliefs. They have attempted to exert their influence over society as a whole and to impose their values over all others. These activists believed that they were providing an invaluable service to society. From the time of the colonization of the United States through the 1950's, moral activists had the weapon of choice on their side: the strong-arm censorship powers of the law and the courts. -
Reuters Institute Digital News Report 2020
Reuters Institute Digital News Report 2020 Reuters Institute Digital News Report 2020 Nic Newman with Richard Fletcher, Anne Schulz, Simge Andı, and Rasmus Kleis Nielsen Supported by Surveyed by © Reuters Institute for the Study of Journalism Reuters Institute for the Study of Journalism / Digital News Report 2020 4 Contents Foreword by Rasmus Kleis Nielsen 5 3.15 Netherlands 76 Methodology 6 3.16 Norway 77 Authorship and Research Acknowledgements 7 3.17 Poland 78 3.18 Portugal 79 SECTION 1 3.19 Romania 80 Executive Summary and Key Findings by Nic Newman 9 3.20 Slovakia 81 3.21 Spain 82 SECTION 2 3.22 Sweden 83 Further Analysis and International Comparison 33 3.23 Switzerland 84 2.1 How and Why People are Paying for Online News 34 3.24 Turkey 85 2.2 The Resurgence and Importance of Email Newsletters 38 AMERICAS 2.3 How Do People Want the Media to Cover Politics? 42 3.25 United States 88 2.4 Global Turmoil in the Neighbourhood: 3.26 Argentina 89 Problems Mount for Regional and Local News 47 3.27 Brazil 90 2.5 How People Access News about Climate Change 52 3.28 Canada 91 3.29 Chile 92 SECTION 3 3.30 Mexico 93 Country and Market Data 59 ASIA PACIFIC EUROPE 3.31 Australia 96 3.01 United Kingdom 62 3.32 Hong Kong 97 3.02 Austria 63 3.33 Japan 98 3.03 Belgium 64 3.34 Malaysia 99 3.04 Bulgaria 65 3.35 Philippines 100 3.05 Croatia 66 3.36 Singapore 101 3.06 Czech Republic 67 3.37 South Korea 102 3.07 Denmark 68 3.38 Taiwan 103 3.08 Finland 69 AFRICA 3.09 France 70 3.39 Kenya 106 3.10 Germany 71 3.40 South Africa 107 3.11 Greece 72 3.12 Hungary 73 SECTION 4 3.13 Ireland 74 References and Selected Publications 109 3.14 Italy 75 4 / 5 Foreword Professor Rasmus Kleis Nielsen Director, Reuters Institute for the Study of Journalism (RISJ) The coronavirus crisis is having a profound impact not just on Our main survey this year covered respondents in 40 markets, our health and our communities, but also on the news media. -
Telemarketing Guide Contents
Telemarketing guide Contents Acknowledgements 5 Introduction 6 Business practice Compliance 8 Regulation, compliance and standards 8 Regulatory enforcement 8 Industry standards 8 Verification 8 Verifiers 9 Quality assurance 10 Quality assurance tools 10 Corporate and social responsibility 12 Customer satisfaction 12 Complaints procedure 13 Complaints policy 13 Complaints process 14 Complaints reporting 14 Complaints analysis 15 Complaint-handling training 15 Customer behaviour 17 Inclusivity and vulnerable consumers 17 Human resources 19 Key principles 19 Roles 19 Recruitment 19 Contracts 20 Remuneration 21 Training 22 Supervision and support of agents 26 Ongoing competency 26 Note for agents 26 Supplier–client relationships 27 Responsibilities 27 2 Contents Campaign creation Campaign objectives 29 Questions to consider: 29 Campaign strategy 29 Key principles 29 Add value to your customer and brand 30 Conversion rates 30 Campaign planning 31 Brief your front-line staff 31 Call and after-call process 32 1. Disclosure 32 2. Structure 32 3. Summary 33 4. Post-call process 33 Data 34 Sourcing data 34 Handling data 35 Using data 38 Campaign delivery Call scheduling 41 Key considerations 41 Reasonable hours 41 Ring time 42 Call retrying 43 Retry handling 43 Nuisance calls 43 Call-backs 44 Call abandonment 45 Abandoned call handling 45 Abandoned call information message 45 Technology and testing 46 Dialler operations 46 Predictive dialling 47 Answer machine detection (AMD) 50 3 Contents Campaign response Results and ROI 53 Campaign monitoring -
Brand Credibility to Mitigate Brand Boycott Preventive Strategy of Brand Globalness and Brand Endorsement: Theoretical Perspective
Journal of Economics, Business and Management, Vol. 3, No. 7, July 2015 Brand Credibility to Mitigate Brand Boycott Preventive Strategy of Brand Globalness and Brand Endorsement: Theoretical Perspective Hesham Fazel organizers that hindered product distribution [3], boycotts Abstract—Boycott effectiveness is highly reliant upon are undesirable perceptions for marketers and managers, consumer willingness to engage or disengage in the boycott who must therefore do everything in their power to develop activities. Little research investigates possible strategies that can be applied to positively influence individuals’ perspectives and implement all possible tactics that will prevent or about the boycotted brands and perhaps increase their reduce the loss in market-share that can result from such willingness to disengage in boycott activities. This paper social actions by consumers. theoretically discusses a main relationship between brand For the most part, prior research studies on consumer credibility and willingness to dis/engagement in brand boycott boycotts have been conceptual or descriptive, with a focus movements. I propose that when consumers perceive a brand at higher level of credibility, they are less inclined to engage in on boycott organizers and targets as well as consumer boycott activities against that brand. Furthermore, this paper motivations for participating in boycott activities [4]. No discusses the idea that brand endorsement of local events and previous studies have investigated beyond the common consumers’ perception of brand globalness may moderate the relationship between firms and boycotters’ participation relationship between brand credibility and consumer willingness to dis/engage in boycotts. motivation. Little research has investigated the strategies that brands may apply protect their firm’s image and Index Terms—Brand, boycott, globalness, endorsement. -
Prohibiting Product Placement and the Use of Characters in Marketing to Children by Professor Angela J. Campbell Georgetown Univ
PROHIBITING PRODUCT PLACEMENT AND THE USE OF CHARACTERS IN MARKETING TO CHILDREN BY PROFESSOR ANGELA J. CAMPBELL1 GEORGETOWN UNIVERSITY LAW CENTER (DRAFT September 7, 2005) 1 Professor Campbell thanks Natalie Smith for her excellent research assistance, Russell Sullivan for pointing out examples of product placements, and David Vladeck, Dale Kunkel, Jennifer Prime, and Marvin Ammori for their helpful suggestions. Introduction..................................................................................................................................... 3 I. Product Placements............................................................................................................. 4 A. The Practice of Product Placement......................................................................... 4 B. The Regulation of Product Placements................................................................. 11 II. Character Marketing......................................................................................................... 16 A. The Practice of Celebrity Spokes-Character Marketing ....................................... 17 B. The Regulation of Spokes-Character Marketing .................................................. 20 1. FCC Regulation of Host-Selling............................................................... 21 2. CARU Guidelines..................................................................................... 22 3. Federal Trade Commission....................................................................... 24 -
Attention Capture and Transfer in Advertising
Rik Pieters & Michel Wedel Attention Capture and Transfer in Advertising : Brand, Pictorial, and Text-Size Effects The threé key ad elements (brand, pictorial, and text) each have unique superiority effects on attention to adver- tisements', which are on par with many commonly held ideas in marketing practice . This is the main conclusion of an analy is of 1363 print advertisements tested with infrared eye-tracking methodology on more than 3600 con- sumers. he pictorial is superior in capturing attention, independent of its size . The teat element best captures attention n direct proportion to lts surface size . The brand element most effectively transfers attention to the other elements ., Only increments in the text element's surface size produce a net gain in attention to the advertisement as a wholle. The authors discuss how their findings can be used to render more effective decisions in advertising . a~azines are an important advertising medium, as sumers' memory (Diamond 1968 ; Finn 1988 ; Hanssens and ililustrated by their projected 13% share of ad Weitz 1980; Twedt 1952), but attention to advertisements spending in 2003 in the United States and the even cannot be directly inferred from consumers' memory for greaterM shares in countries such as France (32%), Germany them, because different psychological processes are (24%), Italy (15%), the Netherlands (27%), and the United involved with distinct antecedents . There is no research on Kingdom 16%) (International Federation of the Periodical the simultaneous effects of the size of the brand, pictorial, Press 200': ). To reach consumers effectively and to commu- and text elements on consumers' attention patterns . -
The Long-Term Effect of Marketing Strategy on Brand Sales
Marketing Science Institute Special Report 09-213 The Long-term Effect of Marketing Strategy on Brand Sales Berk Ataman, Harald van Heerde, and Carl Mela Copyright 2009 Berk Ataman, Harald van Heerde, and Carl Mela MSI special reports are in draft form and are distributed online only for the benefit of MSI corporate and academic members. Reports are not to be reproduced or published, in any form or by any means, electronic or mechanical, without written permission. 1 The Long-term Effect of Marketing Strategy on Brand Sales M. Berk Ataman Assistant Professor of Marketing Rotterdam School of Management, Erasmus University P.O. Box 1738, 3000 DR, Rotterdam, Netherlands Phone: +31-10-408-2612 Fax: +31-10-408-9011 [email protected] Harald J. van Heerde Professor of Marketing Waikato Management School, University of Waikato Private Bag 3105, Hamilton 3240, New Zealand Phone: +64-7-838-4089 [email protected] Carl F. Mela* Professor of Marketing Fuqua School of Business, Duke University 1 Towerview Drive, Durham, NC 27708 Phone: +1-919-660-7767 Fax: +1-919-660-7790 [email protected] * The authors would like to thank IRI and TNS Media Intelligence for providing the data, Marketing Science Institute and Zyman Institute for Brand Science for research support. Ataman and Van Heerde would like to thank Netherlands Organization for Scientific Research for research support. Earlier versions of this paper benefited from valuable comments of seminar participants at Northwestern University, Yale School of Management, Erasmus University Rotterdam, University of Groningen, Catholic University Leuven, Free University Amsterdam, and Tilburg University. 2 The Long-term Effect of Marketing Strategy on Brand Sales Report Summary Few studies consider the relative role of the entire marketing mix on long-term performance of mature brands –instead emphasizing advertising and price promotion. -
Product Placement in Movie Industry
www.pwc.com/it 2012 Product Placement in Movie Industry Strategic Insights & Fashion Apparel Case Studies Agenda Page 1 Product Placement Overview in the Movie Industry 1 2 Product Placement in Movie Industry – Fashion Apparel 10 Case studies Section 1 Product Placement Overview in the Movie Industry PwC 1 Section 1 – Product Placement Overview in the Movie Industry PwC Strategy advises fashion clients in defining their marketing strategies There is a multiplicity of channels/means from which consumers can receive messages • Fashion shows Brand Awareness Seasonal • Media (TV, magazine, etc.) Exhibitions Instruments • • Catalogues • Sponsorships • … Customer Fidelisation • Showrooms • Corporate Magazines Institutional • Testimonials Instruments • … Product Sales increase Placement • Product Placements Emotional • Star Endorsements Lifestyle activities instruments • Global Reach • Shopping experience • … • Web site, social network, blog • Trunk Shows Stimulate a Relational • Word of mouth (co-marketing) Reaction instruments • Events • … PwC 2 Section 1 – Product Placement Overview in the Movie Industry How to reach a captive and involved audience? Product placement is a way of promoting a company or a product by using movies and other types of media to advertise the product or company. Product placements are often established by an agreement between a product manufacturer and the media company, in which the media company receives economic benefit. The Product Visual Placement - the (Placed product or brand) product, service, or logo can -
The Evolution of Advertising Market Where Is Advertising Now, and Where Is It Going?
CORE Metadata, citation and similar papers at core.ac.uk Provided by Research Papers in Economics Studies in Business and Economics THE EVOLUTION OF ADVERTISING MARKET WHERE IS ADVERTISING NOW, AND WHERE IS IT GOING? TERCHIL Ă Sorin Lucian Blaga University of Sibiu, Romania Abstract: Advertising is more complicated than it used to be. In the innocent days of the 70’s and 80’s you could easily reach large audiences, both locally and nationally, through traditional advertising. Those days are long gone and an examination of the advertising playing field looks like a big pile of incomprehensible choice. In Romania, advertising has mushroomed over the past 10 years. with the emergence of large international companies and the budgets allocated to them in advertising, advertisers have appeared, only present in major cities of Romania. After 2000, there were several media institutions with very large budget and big plans for the advertising market in Romania. Are some media groups and advertising agencies in Germany, France and the U.S. have invested in Romania, managing big budgets and companies are promoting. Advertising market had grown very large, especially in the period 2004-2008, when all the big companies big budget on advertising. After 2008, the advertising market was heavily affected by global financial crisis, and this has led companies to invest almost half of the regular budget for advertising. I will present the current situation on the advertising market and some estimates for the next period, from media groups and individuals specializing in the field. Keywords: advertising market, strategy, budgets, forecasts 2007 2009 - 294 - Studies in Business and Economics Studies in Business and Economics 1.