ABSTRACT
In the previous chapter, we discussed the legal issues associated with developing and protecting intellectual property (IP) rights associated with marketing products and services. This chapter focuses on how legal issues arise throughout the process of implementing marketing strategies to sell, promote, and distribute products and services. The chapter is divided into four sections relating to marketing implementation, which parallels fairly closely to a traditional marketing mix of promotion, pricing, and public relations. The first section examines legal issues arising when sport organizations promote their products and services through advertising. It includes such topics as false advertising, athlete endorsements and rights of publicity, and special offers, such as bait, bargain, and comparative advertising. The next section examines legal issues arising when sport organizations engage in marketing promotions and sales. This section will cover topics including the Federal Trade Commission (FTC) regulation of unfair business practices, sweepstakes and contests, fantasy sports and gambling, and ambush marketing. The third section covers legal issues involved in pricing, ticket sales, and strategic partner interactions. The final section examines public relations, including media relations, broadcasting agreements, privacy rights, and defamation. Exhibit 20.1 outlines the managerial contexts, legal issues, and relevant laws and cases covered in this chapter. But first a brief overview of consumer protection laws impacting marketing, the FTC, and commercial speech will help readers understand the regulatory landscape for marketing practices.
