10,518 research outputs found

    Can Generic Products Be Disparaged? The Of and Concerning Requirement after Alar and the New Crop of Agricultural Disparagement Statutes

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    Under the group libel principle, a statement broadly critical of a large group generally cannot give rise to a defamation claim; it is said that such a statement does not refer to, or is not of and concerning, any particular individual. This Comment addresses the extent to which the of and concerning requirement and group libel principle apply to claims of product disparagement, a tort similar to defamation but encompassing pecuniary injury, as opposed to damage to reputation, resulting from false statements. In particular, this Comment examines whether speech generally critical of a generic product can give rise to disparagement liability. Recent statutes provide for such generic disparagement claims by agricultural producers, and one court, in the litigation resulting from the Alar controversy, has held the group libel rule does not bar such claims. This Comment concludes that, in most circumstances, the of and concerning requirement cannot be satisfied without a specific reference to the allegedly disparaged product and that generic disparagement claims usually should be barred, for both policy and constitutional reasons

    Product Disparagement: Expanding Liability in Texas

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    Enjoining Product Disparagement: Discarding the Defamation Analogy

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    Extrajudicial Consumer Pressure: An Effective Impediment to Unethical Business Practices

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    Although recent efforts in consumer protection have centered upon additional legislative assistance, several direct extrajudicial and non-official forms of self-help can be successfully employed by a dissatisfied consumer. This comment explores the legal limits on such forms of action conducted either by an individual consumer or by an organized group, with a view toward providing a standard which will enable protestors to remain within the law yet be effective in their actions

    Some Thoughts on the Dynamics of Federal Trademark Legislation and the Trademark Dilution Act of 1995

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    Basic transcription factor 3 (BTF3) is a general RNA polymerase II transcription factor and is also involved in apoptosis regulation. Increasing evidence shows that BTF3 is aberrantly expressed in several kinds of malignancies, but there is no study to analyze BTF3 expression in colorectal cancer (CRC) patients. Applying immunohistochemistry, we detected BTF3 in CRCs (n = 156), the corresponding distant (n = 42), adjacent normal mucosa (n = 96), lymph node metastases (n  = 35), and analyzed its relationships with clinicopathological and biological variables. Our results showed that BTF3 staining significantly increased from distant or adjacent normal mucosa to primary CRCs (p < 0.0001) or metastases (p = 0.002 and p < 0.0001). BTF3 was higher in distal cancers than in proximal cancers (57 % vs. 39 %, p = 0.041). It also showed stronger staining in primary CRCs stage I and II than that in stage III and IV (64 % vs. 35 %, p = 0.0004), or metastases (64 % vs. 29 %, p = 0.004). Cancers with better differentiation had a higher expression than those with worse differentiation (56 % vs. 37 %, p  = 0.031). There were positive correlations of BTF3 expression with nuclear factor kappa B (NF-κB), RAD50, MRE11, NBS1, and AEG-1 (p  < 0.05). In conclusion, BTF3 overexpression may be an early event in CRC development and could be useful biomarker for the early stage of CRCs. BTF3 has positive correlations with NF-κB, RAD50, MRE11, NBS1 and AEG-1, and might influence complex signal pathways in CRC

    Prankvertising – Pranks as a New Form of Brand Advertising Online

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    A practical joke (i.e. a prank) belongs to a category of disparagement humor, as it is a playful act held to amuse, tease or even mock the victim, and to entertain the audience. Alt-hough humor has been long exploited in broadcast and print advertising, the use of practical jokes is a more recent phenomenon esp. in digital marketing. The development of the Inter-net and social media creates new opportunities for using pranks as disguised adverts embed-ded in online strategies and there is an increasing number of companies which exploit pranks as a creative content solution for their on-line presence. As there is little academic endeavor devoted to this subject, this paper forwards a theoretical and practical framework for pranks. It recognizes pranks as innovative forms of digital advertising and it analyses their potential in terms of branding effectiveness (e.g. in maximizing brand reach, exposure, brand visibility, drawing consumer attention, eliciting strong emotions etc.). Possible prank effects are inferred from the theory of humor and from the secondary data collected by the authors of this paper. Key challenges, risks and limitations are discussed and relevant exam-ples are provided. The paper concludes with several research areas and questions to be ad-dressed in future empirical studies
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