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Lawyers specializing in advertising law - which includes in-house counsel and outside counsel - assist some clients on First Amendment - commercial speech issues.

If you're interested in the First Amendment and advertising, you have come to the right place because you will find a variety of articles concerning commercial speech here. The following article originally appeared in an earlier Issue of Advertising Compliance Service™ at Tab #1, Bulletins, Page 2. This article, among numerous other articles pertaining to advertising and the First Amendment, is available only to Advertising Compliance Service™ subscribers--which include some of the largest advertisers and law firms in the U.S. Advertising Compliance Service™. Continuously published since 1981, this Newsletter/Reference Service includes:

  • The Three-Volume 1,000-Page Reference Set,
  • The Newsletter - 24 Issues/year,
  • Six Special Reports yearly.
  • Bonus FTC Report.

 

 

 

 

 

 

 

 

 

 

 

 

Mastercard Sues Ralph Nader Over "Priceless Truth" Ad for Alleged Infringement

MasterCard filed suit in U. S. District Court for the Southern District of New York on August 17, 2000, alleging that a Ralph Nader campaign ad entitled "Priceless Truth" infringed on the firm's trademark and copyright of its credit card advertising campaign.

"Our advertisement is a parody and fair political speech. It does not infringe on the MasterCard trademark or copyright," said Nader. "MasterCard is taking itself a little too seriously and in typical corporate style is trying not only to dominate the credit-card industry through 'dual governance' inside the marketplace, but the arena of free speech and the free flow of creative ideas in the political arena. They should lighten up. They're taking their name 'Master' too seriously. This is America."

Mastercard's suit alleges that the Nader campaign ad's purpose was to "deceive, mislead and confuse consumers and the purchasing public into believing that Ralph Nader and specifically his candidacy is in someway connected with MasterCard...."

"Let me assure MasterCard's executives that the last thing I want consumers to believe is that my campaign is in the business of selling credit cards," said Nader. * * * "It would be hard for anyone to take seriously MasterCard's allegations that some people might be confused that the company is endorsing this campaign-especially when the spot says 'Paid for by the Nader 2000 Primary Committee, Inc.'"

LAWYER'S REFERENCE SERVICE

(Nader Press Release, August 17, 2000.)

 

The following section includes the full-text, or excerpted portions, of articles on Advertising and the First Amendment which originally appeared in Advertising Compliance Service™:

 

 

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JLCom Publishing Co., L.L.C. is the publisher of Advertising Compliance Service™. For over 28 years, Advertising Compliance Service™ has been the authoritative and comprehensive source of information for advertising law practitioners as well as advertisers and advertising agencies -- and their attorneys. Both in-house counsel and outside counsel routinely rely on Advertising Compliance Service™. One of the 27 advertising law-related topics covered by this newsletter/reference service is found in Tab #10, and is entitled, "Commercial Speech."

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