Fieldwork

The Marketing Consequences of Competitor Lawsuits

Buy this article E-mail this page 

Traditionally, when managers have been considering whether to file a lawsuit, their attorneys have advised them on factors such as the likely costs of a suit and the probability of obtaining damages. However, the authors note, companies today may want to consider an additional factor: the possible marketing consequences — positive or negative — of a given lawsuit.

In particular, the authors discuss the marketing implications of lawsuits between competitors or potential competitors. They consider the marketing ramifications of a lawsuit between two rival pizza chains, Pizza Hut Inc. and Papa John’s International, over advertising claims made by Papa John’s — and conclude that publicity surrounding an initial verdict in Pizza Hut’s favor (a verdict later overturned) generally conveyed Pizza Hut’s perspective to the public, presumably with more credibility than similar advertising would have. The authors also examine a trademark dispute between Starbucks Corp. and the owner of the Old Quarter Acoustic Café, a bar in Galveston, Texas, which markets “Starbock” beer. In this case, they observe that Starbucks faced the marketing risk of appearing to be a bully. The authors also explore how large corporations in suits with smaller rivals may face a risk of negative publicity, while small companies may face financial risks.

Betsy D. Gelb is professor of marketing and entrepreneurship at the Bauer College of Business, the University of Houston, Houston, Texas. Darren Bush is assistant professor of law at the University of Houston. Contact the authors at gelb@uh.edu and dbush@central.uh.edu.

$	6.50	Buy PDF
$	12.00	Buy PDF and permission to copy
$	5.50	Buy permission to copy from your own original
$	6.50	Buy paper reprint
$	12.00	Buy paper reprint and permission to copy

Academic pricing and volume discount information

[top] [back]