Cardozo Arts & Entertainment Law Journal
Abstract
The note examines the evolution of advertising, particularly native advertising, and critiques the inadequacy of current regulatory frameworks in addressing its deceptive potential. It highlights how modern advertising practices, such as product placement in films like Barbie, blur the line between commercial speech and artistic expression, challenging the Federal Trade Commission’s (FTC) ability to protect consumers. The analysis argues that strengthening existing regulations is insufficient and advocates for empowering consumers to make informed decisions, as the legal system struggles to keep pace with innovative advertising strategies.
Disciplines
Advertising and Promotion Management | Antitrust and Trade Regulation | Entertainment, Arts, and Sports Law | Intellectual Property Law | Law | Legal Remedies | Marketing | Science and Technology Law
Recommended Citation
Shreya Kalidindi,
Can Commercials Be Art? An Analysis of Intellectual Property PreAwareness In The Barbie Era,
43
Cardozo Arts & Ent. L.J.
437
(2025).
Available at:
https://larc.cardozo.yu.edu/cardozoaelj/vol43/iss2/7
Included in
Advertising and Promotion Management Commons, Antitrust and Trade Regulation Commons, Entertainment, Arts, and Sports Law Commons, Intellectual Property Law Commons, Legal Remedies Commons, Marketing Commons, Science and Technology Law Commons