TITLE

Good Faith or Self-interest?

AUTHOR(S)
Shapiro, Barry R.
PUB. DATE
June 1995
SOURCE
Marketing Management;Summer95, Vol. 4 Issue 1, p56
SOURCE TYPE
Periodical
DOC. TYPE
Article
ABSTRACT
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.
ACCESSION #
9506282328

 

Related Articles

  • Birth of an Agency. Messner, Tom // Adweek;9/5/2005, Vol. 46 Issue 34, p18 

    Presents the history of the establishment of the advertising agency Messner Vetere Berger Carey Schmetterer. Reference to a court case wherein the company was sued by one of it's clients' competitors; Information on how the business partners of the advertising agency got together to start the...

  • COMMUNICATIONS: Letters are still best. Cheng, Edward S. // ABA Journal;Dec2008, Vol. 94 Issue 12, p55 

    The author expresses his views on the importance of engagement letters to avoid future lawsuits in a joint venture. The author cites that two of a law firm's cilent enter into a joint venture and involve the firm to draft the partnership agreement. When the deal fails, one of the clients sues...

  • GLOBAL DISPATCHES. Nguyen, Maria // B&T Weekly;6/18/2004, Vol. 54 Issue 2476, p12 

    Reports on global developments in marketing, advertising and media industry as of June 18, 2004. Announcement of the relaunch of Life magazine by Time Inc.; Plan of Japan's largest agency group Dentsu to join forces with rival Asatsu-DK; Risk of the growth of the number of interactive marketing...

  • GLOBAL DESPATCHES.  // B&T Weekly;10/13/2006, Vol. 56 Issue 2585, p14 

    The article reports various global updates and developments related to advertising. A joint venture between the Japanese government and television manufacturers in the country will launch a portal web site called acTVila. Panasonic Malaysia is set to consolidate its U.S. $2.7 million media...

  • ParentTime 1st family channel for PointCast. Riedman, Patricia // Advertising Age;8/18/1997, Vol. 68 Issue 33, p19 

    This article reports that PointCast Network has launched a channel of its ParentTime site called ParentTime at Work. It is a joint venture of Time Warner Cable Programming and Procter & Gamble Productions (P&G). The two-year deal brings with it a one-year advertising contract from P&G, the...

  • JSM Music & Artemis Records join forces. Shortman, Melanie // CREATIVITY;Jun2004, Vol. 12 Issue 6, p58 

    It's been just over a month since Joel Simon, founder of commercial music company JSM Music, and Danny Goldberg, chairman and CEO of independent label Artemis Records, announced the formation of a joint venture and already they have completed projects that Simon hopes will lead the way in...

  • news.  // Precision Marketing;12/10/2004, Vol. 17 Issue 8, p5 

    This article presents news briefs related to business. Complan Foods is embarking on a campaign targeting the over-50s and has appointed Millennium to handle the brief. Complan, a joint venture between Saatchinvest and former outright owner Heinz, aims to establish a new brand positioning and...

  • Settlement close in suit over office furniture deal. Snavely, Brent // Crain's Detroit Business;9/20/2004, Vol. 20 Issue 38, p25 

    This article reports that the partners of Metropolitan Facility Resources Inc. are close to settling a 3-year-old lawsuit after reaching an agreement with Facility Matrix Group Inc. and Herman Miller Inc. during a five-hour mediation session August 30. Darrel Francis and Garrett Barnett sued...

  • Navistar, Ford strike new deal.  // Commercial Carrier Journal;Feb2009, Vol. 166 Issue 2, p16 

    The article reports on an agreement between Ford Motor Co. and Navistar International Corp. to restructure their ongoing business relationship and all existing litigations between them. Although the companies would end their current diesel engine supply deal on December 31, 2009, Ford and...

Share

Read the Article

Courtesy of THE LIBRARY OF VIRGINIA

Sorry, but this item is not currently available from your library.

Try another library?
Sign out of this library

Other Topics