Good Faith or Self-interest?

Shapiro, Barry R.
June 1995
Marketing Management;Summer95, Vol. 4 Issue 1, p56
This article discusses legal problems that may ensue when one company makes marketing and advertising decisions on behalf of another party. Most disputes over these decisions can end up in litigation. Competitors often claim that another company's comparative advertising is improper, customers bring product liability charges against businesses, and trademark owners can say that new corporate slogans or logos violate their marks. Marketing problems can also arise when two companies engage in a joint venture. Unless the parties clearly require the marketing party to use best efforts or promote the venture fully, it is unlikely that the marketer's conduct will be required to meet the standards. However, even a discretionary promotional contract requires that the parties' conduct their transaction in good faith. Although good faith is a difficult concept to quantify, a party that acts solely in its own interests could be found liable to its partner for damages suffered.


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