Open Access. Powered by Scholars. Published by Universities.®
- Institution
- File Type
Articles 1 - 4 of 4
Full-Text Articles in Entire DC Network
An Empirical And Consumer Psychology Analysis Of Trademark Distinctiveness, Thomas R. Lee
An Empirical And Consumer Psychology Analysis Of Trademark Distinctiveness, Thomas R. Lee
Thomas R Lee
This article analyzes the taxonomy of trademark distinctiveness that has long been endorsed in the courts and scholarly commentary. This distinctiveness scale is routinely justified on the basis of an assumption about consumer psychology: that consumers perceive suggestive, arbitrary, or fanciful marks as source-indicating, but see descriptive marks as “merely descriptive.” Although this core premise of trademark law is a fundamental matter of consumer psychology, it has never been subjected to scrutiny under the light of consumer psychology theory and empirical analysis. We offer a consumer psychology model for questioning the law of distinctiveness (or “source indication”) and then test …
An Empirical And Consumer Psychology Analysis Of Trademark Distinctiveness, Thomas R. Lee
An Empirical And Consumer Psychology Analysis Of Trademark Distinctiveness, Thomas R. Lee
Thomas R Lee
This article analyzes the taxonomy of trademark distinctiveness that has long been endorsed in the courts and scholarly commentary. This distinctiveness scale is routinely justified on the basis of an assumption about consumer psychology: that consumers perceive suggestive, arbitrary, or fanciful marks as source-indicating, but see descriptive marks as “merely descriptive.” Although this core premise of trademark law is a fundamental matter of consumer psychology, it has never been subjected to scrutiny under the light of consumer psychology theory and empirical analysis. We offer a consumer psychology model for questioning the law of distinctiveness (or “source indication”) and then test …
Trademarks, Consumer Psychology, And The Sophisticated Consumer, Thomas R. Lee
Trademarks, Consumer Psychology, And The Sophisticated Consumer, Thomas R. Lee
Thomas R Lee
Although the consumer mindset is central to trademark law and policy, neither courts nor commentators have made any serious attempt to develop a framework for understanding the psychology of consumer care. Instead, broad divisions in the case law and academic scholarship in this field are marked by a vacuous war of words—competing characterizations of the consumer as either an informed “sovereign” or a “presumptive idiot.” This article fills a void in the case law and academic commentary by developing a model of consumer cognition based on recent literature in the field of consumer psychology. After developing the model in some …
Trademarks, Consumer Psychology, And The Sophisticated Consumer, Thomas R. Lee
Trademarks, Consumer Psychology, And The Sophisticated Consumer, Thomas R. Lee
Thomas R Lee
Although the consumer mindset is central to trademark law and policy, neither courts nor commentators have made any serious attempt to develop a framework for understanding the psychology of consumer care. Instead, broad divisions in the case law and academic scholarship in this field are marked by a vacuous war of words—competing characterizations of the consumer as either an informed “sovereign” or a “presumptive idiot.” This article fills a void in the case law and academic commentary by developing a model of consumer cognition based on recent literature in the field of consumer psychology. After developing the model in some …