BSM 465 Assignment 5.1

Unfair Competition Discussion Questions

For the following assignment, answer each chapter discussion question in detail. Provide examples.

1. During supply chain interruptions caused by the COVID-19 pandemic, Apex Co. could not obtain sufficient ingredients to make its own baby formula. It thus located another manufacturer's baby formula and placed its own label on the cans of baby formula and sold them. What type of unfair competition has Apex engaged in? Discuss.
2. A tire manufacturer has used a photograph of a famous NASCAR driver's car to advertise its tires. The image of the driver of the car, Johnny, is blurry, but the car pictured in the photo uses the distinctive and signature markings of Johnny's race car. No other cars on the racing circuit use those particular markings. The driver has sued the tire manufacturer for violation of the right of publicity, but the tire manufacturer has alleged that the driver's identity is not discernible from the photo and thus there is no violation. Discuss whether a violation of the driver's right of publicity has occurred.
3. A local department store tweeted a photo of actress Emma Stone leaving its store and stated, "Even @EmmaStone loves our store." Have any of Emma Stone's rights been violated? Discuss.
4. Actor Tom Cruise's photo has appeared without his consent in the following materials. Indicate whether the use is permissible or likely actionable.

A. A news article about Mr. Cruise's latest movie role.

B. An advertisement for sunglasses.

C. An advertisement showing Mr. Cruise eating at a restaurant that states, "We are Tom Cruise's favorite choice for burgers."

5. Indicate whether the following statements might constitute false advertising (assuming there is no reasonable basis to support the claims).

• "Our tooth whitening formula will leave you amazed."
• "Our tooth whitening formula lasts three times longer than Brand X."
• "Our tooth whitening formula is made in the U.S.A."
• "Our tooth whitening formula is recommended by four out of five dentists."