Skip to main content Accessibility help
×
Hostname: page-component-5d59c44645-mrcq8 Total loading time: 0 Render date: 2024-02-21T05:21:43.629Z Has data issue: false hasContentIssue false

9 - Choice Experiments

Reducing Complexity and Measuring Behavior Rather than Perception

from Part III - Methodological Advances

Published online by Cambridge University Press:  29 June 2023

Jacob E. Gersen
Affiliation:
Harvard Law School, Massachusetts
Joel H. Steckel
Affiliation:
New York University
Get access

Summary

Surveys in trademark, trade dress, and false advertising cases often focus on liability. For example, in trademark cases, the focus of survey evidence has often been on whether consumers confuse the two marks. Similarly, survey evidence in false advertising cases has focused on whether the at-issue advertising claim misleads or deceives consumers. Surveys that address these issues of alleged confusion or deception measure consumer “perception,” and the results are often the centerpiece of a plaintiff’s liability arguments. While such questions may be central to cases that seek an injunction or aim to prevent the issuance of a new trademark, they are less relevant in questions of impact or injury.

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2023

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×