Measuring Consumer Brand Confusion to Comply with Legal Guidelines

Ide Kearny and Vincent-Wayne Mitchell

In actions for trademark infringement and passing off, judges determine subjectively the existence, or likelihood, of marketplace 'confusion'.
  

Measuring consumer brand confusion to comply with legal guidelines

de KearneyandVincentWayne Mitchell

Introduction

Imitation can be a very costeffective strategy for manufacturers because it can have the effect of reopening the purchase decision when consumers generalise, or confuse, one brand (or aspects of a brand) with another, and thus may reevaluate existing preferences (Ward et al.1986). However, brand owners are understandably wary of the potential to (1) lose sales revenue due to mistaken purchases, (2) have their image tarnished by association with a lesser product, and (3) lose exclusivity in an important brand element...

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