Purpose: The purpose of this paper is to examine the debate about brand marketing that occurred as part of the 1930s consumer movement and continued after the Second World War in academic and regulatory circles. Design/methodology/approach: This paper presents an historical account of the...

Purpose – This paper aims to assert that rather than challenging brand parodies, brand owners should consider allowing them in order to expand brand equity to convey a brand personality that includes a sense of humor. Design/methodology/approach – The article analyzes recent brand product...

Purpose – This research aims to examine a number of legal sources for evidence that US marketers were interested in protecting their brand identities in the 1800s. Design/methodology/approach – The research examines historical legal records including registrations for commercial prints and...

Purpose – This paper aims to discuss the early brand protection efforts of Coca‐Cola. Design/methodology/approach – The paper examines the hundreds of trademark infringement challenges brought by Coca‐Cola in courts and before the US Patent and Trademark Office and develops a tripartite...

Purpose – This article aims to examine the US history of practices that mask the marketing content of messages to consumers and of the public policy approaches taken towards such practices. Design/methodology/approach – This research examines both primary sources such as legal challenges and...

Purpose – The purpose of this article is to examine the US history of advertising regulation, both formal and informal and public and private – particularly focused on advertising that is likely to mislead consumers about attributes, characteristics or performance of advertised products....

Purpose – This research seeks to examine the regulation of practices that promote brand interest. Its goal is to develop a comprehensive conceptual framework of such practices. Design/methodology/approach – A comprehensive search of US marketing laws and regulations was conducted to find...

Purpose – This paper aims to assert that trademark law is too restrictive and that consumers should have some rights to a brand independent of the brand owner. Design/methodology/approach – The paper examines the expansive tendency of trademark law and the concept of trademark fair use and...

Purpose – The purpose of this paper is to examine the legal concepts and theories that are useful in protecting a brand from harmful and unauthorized social media use by third parties. Design/methodology/approach – Qualitative research of articles, news stories, court decisions and statutes...