David takes on Goliath: an analysis of survey evidence in a trademark dispute

Anheuser Busch, the brewers of Budweiser, sued a Czech brewer alleging that its beer brand, Budejovicky Budvar, created confusion in the marketplace and breached New Zealand consumer protection legislation that prohibits misleading and deceptive conduct.
  

David Takes On Goliath: An Analysis Of Survey Evidence In A Trademark Dispute

Janet Hoekand Philip GendallMassey University

Introduction

As markets become increasingly competitive, manufacturers' sensitivity to their rivals' behaviour has also heightened, particularly if competitors' actions seem likely to generate confusion among consumers. Established manufacturers often request that competitors desist from marketing a brand if this features names, logos or visual devices that appear similar to those sported by an existing, or senior, brand. These requests are based on the view that trademarks, described by Peterson et al.(1999) as the legal equivalent of...

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