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5 - Neuromarks

from Part II - Understanding Audiences for Art and Advertising

Published online by Cambridge University Press:  14 July 2022

Mark Bartholomew
Affiliation:
University of Buffalo School of Law
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Summary

The touchstone of any trademark lawsuit is the likelihood of consumer confusion. Courts calculate this likelihood through a series of notoriously unreliable proxies, lamenting that their effort to understand the consumer must be a “shaky kind of guess.” Through the burgeoning field of consumer neuroscience, scientists can now determine when a subject is thinking about one brand versus another. Take, for example, recent research measuring changes in brain blood flow and oxygenation while subjects viewed several well-known trademarks. According to the researchers, each trademark has a different neural signature, with different brain regions reflecting perceptions like “excitement,” “ruggedness,” or “sophistication” upon exposure to the brand stimulus. By viewing these neural signatures and nothing else, researchers could distinguish whether the subject was thinking about Apple or Microsoft, Coke or Pepsi. Studies like this hint at a near future where fMRI readings replace today’s judicial guesswork about consumer perception.

Type
Chapter
Information
Intellectual Property and the Brain
How Neuroscience Will Reshape Legal Protection for Creations of the Mind
, pp. 102 - 124
Publisher: Cambridge University Press
Print publication year: 2022

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  • Neuromarks
  • Mark Bartholomew
  • Book: Intellectual Property and the Brain
  • Online publication: 14 July 2022
  • Chapter DOI: https://doi.org/10.1017/9781009189545.008
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  • Neuromarks
  • Mark Bartholomew
  • Book: Intellectual Property and the Brain
  • Online publication: 14 July 2022
  • Chapter DOI: https://doi.org/10.1017/9781009189545.008
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.

  • Neuromarks
  • Mark Bartholomew
  • Book: Intellectual Property and the Brain
  • Online publication: 14 July 2022
  • Chapter DOI: https://doi.org/10.1017/9781009189545.008
Available formats
×