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Lynda Oswald's THE LAW OF MARKETING presents the various ways in which the law affects marketing activities in a unique and practical framework. Tracing a product's life cycle – from development to distribution to promotion to sale – this text addresses the particular marketing principles and legal issues associated with each stage. Current business examples stress the relevance of these concepts to the everyday business world while legal cases are included to spark discussion and encourage critical thinking. THE LAW OF MARKETING is designed help students become successful managers who know how to avoid legal problems and make informed decisions.

Lynda J. Oswald, University of Michigan

Lynda J. Oswald is a Professor of Business Law at the University of Michigan Business School. She is also a Research Fellow of the William Davidson Institute She received her A.B., M.B.A., and J.D. degrees from the University of Michigan. While at the Michigan Law School, she served on the editorial board of the Michigan Law Review. She clerked for the Honorable Cornelia G. Kennedy of the U.S. Court of Appeals for the Sixth Circuit before joining the faculty of the Michigan Business School in 1988. Professor Oswald has taught at the University of Florida Law School and the University of Michigan Law School. She was a visiting scholar at China University of Political Science and Law in Beijing and at L'viv State University in L'viv, Ukraine. Professor Oswald has served as a staff editor and a special editor of the American Business Law Journal and as a special editor of the Journal of Legal Studies Education. She is currently the Contributing Editor of Environmental Law for the Real Estate Law Journal. Professor Oswald has received numerous awards for her research, including the Holmes-Cardozo Award for Research Excellence from the American Business Law Journal. Her work has been cited by several courts, including the U.S. Supreme Court in its 1998 decision in United States v. Bestfoods. Her research focuses on intellectual and real property law issues.
  • NEW Part Openers – Part Openers have been added to highlight the book's unique and practical framework, which details the legal issues related to product development, distribution, promotion, and sale.
  • Fully Updated Content – Topics throughout the book reflect the most current developments in marketing law.
  • New Cases – Both Cases and Discussion Cases have been added to appeal to current business students and incorporate changes in the law, including In re Bilski, A.V. v. iParadigms, LLC; Leegin Creative Leather Products v. PSKS, Inc.; Time Warner Cable, Inc. v. DirectTV, Inc.
  • Revised Discussion Questions – New and updated problems based on real cases appear at the end of the chapter and give students an opportunity to apply the legal concepts discussed in the chapter to real-life scenarios. New for this edition, case citations have been moved to the Instructor's Manual to encourage critical thinking and analysis.
  • Case Treatment Allows Ultimate Flexibility – THE LAW OF MARKETING offers two different types of case treatment to allow you to tailor your course to the needs of all students, regardless of major. Short summaries of relevant legal cases, paraphrased for readability and comprehension, are integrated into the text to highlight key legal concepts. Discussion Cases, which appear at the end of each chapter, are longer cases containing the language of the court. Depending upon how the course is structured, instructors may assign all or just some of the cases, picking and choosing those that are most relevant to their own teaching objectives.
  • Coverage for Today's Global and High-Tech Business World – As businesses increasingly operate in a fast-paced, high-tech and global economy, coverage of internet and international legal issues have been integrated into the chapters.
  • Discussion Questions Develop Critical-Thinking Skills and Promote Application of Legal Concepts – Problems based on real cases appear at the end of the chapter and give students an opportunity to apply the legal concepts discussed in the chapter to real-life scenarios. Citations for these cases have been moved to the Instructor's Manual.
  • Instructor's Resources Save Time and Help You Plan Your Course – The updated Instructor's Manual and Test Bank contains teaching tips, suggestions for background reading, and exam questions to help you prepare interesting lectures and efficiently create quizzes and tests.
  • Real-World Organization Helps Students See The Big Picture – Chapters are organized according to marketing practices and functions – from product development, to distribution, promotion, and sale – which creates a logical progression for students to use as a framework for real-life experiences.
1. Overview of the Legal Environment of Marketing.
2. Protection of Intellectual Property Assets Through Patent and Copyright Law.
3. Protection of Intellectual Property Assets Through Trade Secret Law, Contractual Agreements, and Business Strategies.
4. Antitrust Law.
5. The Franchisor-Franchisee Relationship.
6. Trademark Law.
7. Commercial Speech and Regulation of Advertising.
8. Consumer Protection Law.
9. Contracts and the Sales of Goods Law.
10. Warranties and Products Liability.

Textbook Only Options

Traditional eBook and Print Options

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  • ISBN-10: 1133465846
  • ISBN-13: 9781133465843
  • STARTING AT $23.49

  • STARTING AT $47.49

  • ISBN-10: 1439079242
  • ISBN-13: 9781439079249
  • Bookstore Wholesale Price $225.00
  • RETAIL $299.95

Cengage provides a range of supplements that are updated in coordination with the main title selection. For more information about these supplements, contact your Learning Consultant.


Digital Video Library 1-Semester Instant Access Code

ISBN: 9780538453011
This dynamic online video library features more than 60 video clips that spark class discussion and clarify core legal principles -including 25 videos that address marketing law topics (like intellectual property, antitrust, privacy, free speech, and contracts, etc). The library is organized into four series: Legal Conflicts in Business (includes specific modern business and e-commerce scenarios); Ask the Instructor (presents straightforward explanations of concepts for student review); Drama of the Law (features classic business scenarios that spark classroom participation); and LawFlix (contains clips from many popular films). Access for students is free when bundled with a new textbook or can be purchased at

Instructor's Manual

ISBN: 9780538744737
The Instructor's Manual provides a succinct chapter summary and outline, lecture considerations, notes on the cases, answers to the discussion case questions and end-of-chapter exercises (including case citations), and additional background reading. The Test Bank questions include multiple choice and essay questions crafted for use on quizzes, tests, and exams. Available online at