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

Janet Hoek
and 
Philip Gendall
Massey 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 brands, confer benefits on their owners.