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Journal of Advertising Research
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Colors, Brands, and Trademarks: The Marketing (and Legal) Problem Of Establishing Distinctiveness
Janet Hoek and Philip Gendall, Journal of Advertising Research, Vol. 50, No. 3, 2010, pp. 316-322
The successful registration of a color as a trademark requires the courts to assess whether the color has developed secondary meaning with respect to a specific brand.
The successful registration of a color as a trademark requires the courts to assess whether the color has developed secondary meaning with respect to a specific brand. Survey evidence often is used to support distinctiveness claims but frequently carries little weight because of criticisms of the methodology used. Cadbury’s application to register the color purple in New Zealand, for instance, provided a context for comparing three methods of establishing brand/color distinctiveness: a traditional approach and two novel approaches involving a color wheel and choice modeling. All three methods revealed strong associations between Cadbury and purple, but the new methods tested are potentially more robust and less susceptible to challenge in the courts.
Patent watching - an unconventional approach to product and service predictions
Alexei Bogdanov, ESOMAR, Annual Congress, London, September 2006
This paper proposes the 'Systematic Innovation Methodology' as an option to conventional consumer research and understanding methods.
This paper proposes the 'Systematic Innovation Methodology' as an option to conventional consumer research and understanding methods. Not only does this methodology help translate insights into successful prototypes, but it is also a self-standing powerful tool that allows predicting future products, services and general business. The method is based on systematized and generalized results of patents research from all industries for the past 200 years.
Application of traditional pricing research methods: aiding the resolution of international trade disputes: the case of Japanese 'Shochu'
David McCallum and Mungo Gilchrist, ESOMAR, The Global Future, Lisbon, July 1997
This paper seeks to show, by means of a recent case study, a relatively new field where traditional research methods were applied.
This paper seeks to show, by means of a recent case study, a relatively new field where traditional research methods were applied. We will demonstrate how the data obtained by the effective use of a fairly standard research method was used as hard evidence in what was clearly a very complex dispute. In a broader context, it shows how parties in a trade dispute can use research disciplines to prove or disprove hypotheses and how satisfactory resolutions, unambiguous to all parties involved, can be obtained. The case relates to the European Community's (EC) assertion that prevailing tax rates pertaining to certain spirits were unfair and applied in such a way that some of the domestically produced spirits enjoyed a competitive advantage through more favorable pricing resulting from lower effective tax rates. Specifically, the EC claimed that the Japanese tax system was discriminatory as it favored a locally produced spirit 'shochu' over western-style distilled liquors (whether imported or locally produced) such as vodka, brandy, and whisky.
Research-based Advertising to Preserve Brand Equity but Avoid 'Genericide'
Betsy Gelb and Gillian Oakenfull, Journal of Advertising Research, Vol. 36, No. 5, September/October 1996
The quest for brand equity motivates marketers to build a favorable brand image to differentiate their offerings from those of competitors.
The quest for brand equity motivates marketers to build a favorable brand image to differentiate their offerings from those of competitors. However, high brand equity may lead to the death of the brand name if consumers employ the brand name as the product category label. This condition, labeled in trademark litigation as 'genericide,' can be avoided with astute research and advertising, the former to detect a danger point and the latter to offer a category name to associate with the brand. The key is timing, using primary demand advertising early enough in the product life cycle to help establish the product category in consumers' minds before brand name and category are confused, but not so early that the advertiser fails to build brand equity.
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