- Title Pages
- FIGHTING OVER WORDS
- INTRODUCTION
- PART I Business Contract Disputes
-
CHAPTER 1 “Or” in a Group Insurance Policy -
CHAPTER 2 Exclusive Marketing Services -
CHAPTER 3 Conditions of a Key Employee Agreement -
CHAPTER 4 Interpreting State Code -
PART II Deceptive Trade Practices -
CHAPTER 5 Competing Conveying System Advertisements -
CHAPTER 6 Nicotine Patch Advertisements -
CHAPTER 7 Certificates of Deposit Advertisements - PART III Product Liability
-
CHAPTER 8 Brain Damage from a Cleaning Product -
CHAPTER 9 Carbon Monoxide Poisoning -
CHAPTER 10 Toxic Shock Syndrome from Tampons -
CHAPTER 11 Toxic Gas in the Cockpit -
PART IV Copyright Infringement -
CHAPTER 12 A Book Is Turned into a Pamphlet -
PART V Discrimination -
CHAPTER 13 Racial Steering in Real Estate -
CHAPTER 14 Age Discrimination -
CHAPTER 15 Retaliatory Termination Discrimination -
PART VI Trademarks -
CHAPTER 16 Ownership of the Words “Wood Roasted” -
CHAPTER 17 Battle over Antifreeze - PART VII Procurement Fraud
-
CHAPTER 18 False Representation in a Government Contract - APPENDIX
- REFERENCES
- Index
Exclusive Marketing Services
Exclusive Marketing Services
Matrixx Marketing v. New Strategies Productions
- Chapter:
- (p.25) CHAPTER 2 Exclusive Marketing Services
- Source:
- Fighting over Words
- Author(s):
Roger W. Shuy (Contributor Webpage)
- Publisher:
- Oxford University Press
A business contract between a marketing services company and a company that sells infomercial products contained an exclusivity rights clause, providing that the sales company “will not contract with any other contractors or service providers for the procurement of comparable services during the term of this agreement.” The dispute was over the meaning of the verb “to contract” and whether it meant that a contract could be made before the last day of the existing contract even though the new work would not start until that contract had ended. Semantic analysis of the verb “contract” along with what the exclusivity agreement did not say, framed the linguistic contribution to this case.
Keywords: business contract, exclusivity rights, semantic, marketing services, linguistic
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- Title Pages
- FIGHTING OVER WORDS
- INTRODUCTION
- PART I Business Contract Disputes
-
CHAPTER 1 “Or” in a Group Insurance Policy -
CHAPTER 2 Exclusive Marketing Services -
CHAPTER 3 Conditions of a Key Employee Agreement -
CHAPTER 4 Interpreting State Code -
PART II Deceptive Trade Practices -
CHAPTER 5 Competing Conveying System Advertisements -
CHAPTER 6 Nicotine Patch Advertisements -
CHAPTER 7 Certificates of Deposit Advertisements - PART III Product Liability
-
CHAPTER 8 Brain Damage from a Cleaning Product -
CHAPTER 9 Carbon Monoxide Poisoning -
CHAPTER 10 Toxic Shock Syndrome from Tampons -
CHAPTER 11 Toxic Gas in the Cockpit -
PART IV Copyright Infringement -
CHAPTER 12 A Book Is Turned into a Pamphlet -
PART V Discrimination -
CHAPTER 13 Racial Steering in Real Estate -
CHAPTER 14 Age Discrimination -
CHAPTER 15 Retaliatory Termination Discrimination -
PART VI Trademarks -
CHAPTER 16 Ownership of the Words “Wood Roasted” -
CHAPTER 17 Battle over Antifreeze - PART VII Procurement Fraud
-
CHAPTER 18 False Representation in a Government Contract - APPENDIX
- REFERENCES
- Index
