Merchandising

In the broadest sense, merchandising is any practice which contributes to the sale of products to a retail consumer. At a retail in-store level, merchandising refers to the variety of products available for sale and the display of those products in such a way that it stimulates interest and entices customers to make a purchase.

In retail commerce, visual display merchandising means merchandise sales using product design, selection, packaging, pricing, and display that stimulates consumers to spend more. This includes disciplines and discounting, physical presentation of products and displays, and the decisions about which products should be presented to which customers at what time.

Merchandising helps to understand the ordinary dating notation for the terms of payment of an invoice. It solves pricing problems including markups and markdowns. It helps to find the net price of an item after single or multiple trade discounts and can calculate a single discount rate that is equivalent to a series of multiple discounts. Further it helps to calculate the amount of cash discount for which a payment qualifies.

Star Wars

Star Wars is an American epic space opera franchise, centered on a film series created by George Lucas. It depicts the adventures of various characters "a long time ago in a galaxy far, far away".

The first film in the series, Star Wars (later subtitled Episode IV: A New Hope), was released on May 25, 1977 by 20th Century Fox and became a worldwide pop culture phenomenon. It was followed by the similarly successful sequels The Empire Strikes Back (1980) and Return of the Jedi (1983); these three films constitute the original Star Wars trilogy. A prequel trilogy was later released between 1999 and 2005, which received a more mixed reaction from critics and fans, compared to the original trilogy. All seven films were nominated for or won Academy Awards, and were commercial successes, with a combined box office revenue of $4.38 billion, making Star Wars the fourth highest-grossing film series. The series has spawned an extensive media franchise—the Star Wars expanded universe—including books, television series, computer and video games, and comic books, resulting in significant development of the series's fictional universe. Star Wars also holds a Guinness World Records title for the "Most successful film merchandising franchise." In 2012, the total value of the Star Wars franchise was estimated at USD $30.7 billion, including box-office receipts as well as profits from their video games and DVD sales.

Personality rights

The right of publicity, often called personality rights, is the right of an individual to control the commercial use of his or her name, image, likeness, or other unequivocal aspects of one's identity. It is generally considered a property right as opposed to a personal right, and as such, the validity of the right of publicity can survive the death of the individual (to varying degrees depending on the jurisdiction).

Personality rights are generally considered to consist of two types of rights: the right of publicity, or to keep one's image and likeness from being commercially exploited without permission or contractual compensation, which is similar to the use of a trademark; and the right to privacy, or the right to be left alone and not have one's personality represented publicly without permission. In common law jurisdictions, publicity rights fall into the realm of the tort of passing off. United States jurisprudence has substantially extended this right.

A commonly cited justification for this doctrine, from a policy standpoint, is the notion of natural rights and the idea that every individual should have a right to control how, if at all, his or her "persona" is commercialized by third parties. Usually, the motivation to engage in such commercialization is to help propel sales or visibility for a product or service, which usually amounts to some form of commercial speech (which in turn receives the lowest level of judicial scrutiny).

George Lucas

George Walton Lucas, Jr. (born May 14, 1944) is an American filmmaker and entrepreneur. He is best known as the creator of the Star Wars and Indiana Jones franchises, as well as the founder of Lucasfilm and Industrial Light & Magic. He led Lucasfilm as chairman and chief executive before selling it to The Walt Disney Company in 2012.

Upon graduating from the University of Southern California in 1967, Lucas co-founded American Zoetrope with fellow filmmaker Francis Ford Coppola. He wrote and directed THX 1138 (1971), based on his earlier student short Electronic Labyrinth: THX 1138 4EB, which was a critical success but a financial failure. Lucas's next work as a writer-director was the film American Graffiti (1973), inspired by his teen years in early 1960s Modesto, California, and produced through the newly founded Lucasfilm. The film was critically and commercially successful, and received five Academy Award nominations including Best Picture.

Lucas's next film, an epic space opera then titled Star Wars (1977), went through a troubled production process, but was a surprise hit, becoming the highest-grossing film at the time as well as a winner of six Academy Awards and a cultural phenomenon. Following the first Star Wars film, Lucas only produced and co-wrote the following installments in the trilogy, The Empire Strikes Back (1980) and Return of the Jedi (1983). Along with Steven Spielberg, he co-created and wrote the Indiana Jones films Raiders of the Lost Ark (1981), Temple of Doom (1984), and The Last Crusade (1989). Lucas also produced a variety of films through Lucasfilm in the 1980s and 1990s.

Passing off

In common law countries such as England, Australia and New Zealand, passing off is a common law tort which can be used to enforce unregistered trade mark rights. The tort of passing off protects the goodwill of a trader from a misrepresentation.

The law of passing off prevents one trader from misrepresenting goods or services as being the goods and services of another, and also prevents a trader from holding out his or her goods or services as having some association or connection with another when this is not true.

Passing off and trademark law

A cause of action for passing off is a form of intellectual property enforcement against the unauthorised use of a mark which is considered to be similar to another party's registered or unregistered trademarks, particularly where an action for trademark infringement based on a registered trade mark is unlikely to be successful (due to the differences between the registered trademark and the unregistered mark). Passing off is a form of common law, whereas statutory law such as the United Kingdom Trade Marks Act 1994 provides for enforcement of registered trademarks through infringement proceedings.