Rumors & Lies (Book)

del Castillo, Diamela
June 2001
Journal of the Academy of Marketing Science;Summer2001, Vol. 29 Issue 3, p328
Academic Journal
The article focuses on the Lanham Act which provides protection to anyone who is damaged by false, misleading, or deceptive speech that is made in a commercial context about commercial activity. In Proctor & Gamble Co. (P & G) case the U.S. Court of Appeals, determined that whether the spreading of false satanism rumors about a business can be deemed commercial speech, hence subject to liability under the Act depends on the motivation of the speaker who spread these rumors. Some distributors printed fliers containing the rumor and circulated them to consumers. In response, P & G filed a lawsuit in the federal court seeking remedies for, the spreading of the rumor and the harm to sales of its products. Factors whether the communication is an advertisement, whether the communication refers to a specific product or service, and whether the speaker has an economic motivation for the speech, were examined to decide whether the statement is commercial or not.


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