The Digital Media Project

 

Source

Phil Merrill

Title

TRU #16 that sales displays will follow acceptable practice

No.

040111merrill02

 

Name:

Phil Merrill

Affiliation/additional information:

Active Contributor, Pasadena, California

Date submitted:

2004/01/10

 

#

Criteria

Description

1.

Name of TRU

TRU that sales displays will follow acceptable practice

2.

Summary description of TRU

The relationship between a distributor and a retail outlet. For example, expecting that stores will not make false claims about a product and will not improperly reproduce trade and service marks, as in a retail store clerk who might use magic markers to make a huge sign containing misspellings/misrepresentations or using completely wrong colors for a logo.

3.

Use records of TRU

Identification of this TRU emerged on the reflector from a speculative discussion of Middleman TRU's. It is based on general anecdotal awareness only. It is believed that some provision of authorized promotional materials online is already occurring in isolated cases.

4.

 Nature of TRU

The analogue TRU for this occurs in various commercial practice regulations and relies heavily on trademark. A Middleman will often require resellers to agree to contractual signage restrictions. If these are not followed, the owner of the trademark could have recourse for legal damages against both the Middleman and the party responsible for the unauthorized content of signage or other sales displays.

5.

Benefits of TRU

The burden on resellers is justified and everybody benefits.

6.

Possible digital support

Middleman TRUs are not well-supported by the current framework of copyright so there is a big opportunity to enlist Middleman value-chain players in a platform that respects their needs and improves their ability to make money. In a B2B application of online services, however, support for the provision of promotional materials could be provided (and it is believed isolated examples of this already are in practice).

7.

Requirements

No suggestions at this time.

8.

References