Trademark Infringement from the Buyer Perspective: Conceptual Analysis and Measurement Implications

Abstract

Trademarks such as brand names may be the most important assets of many companies, but their value depends on the ability to protect them from infringement. In this research, two key tests of trademark infringement are examined: likelihood of confusion and genericness. On the basis of a conceptual analysis, the author evaluates several alternative measures of trademark confusion and genericness, including both existing and new techniques. These measures are contrasted in two large-scale field studies with about 1500 consumers. The results indicate that estimates of likelihood of confusion and genericness are highly sensitive to the particular method employed, partly because the underlying states of consumer confusion and genericness are fuzzy and not well defined. The author concludes with a discussion of the research implications for (1) our understanding of consumer trademark confusion and genericness, (2) the measurement of trademark infringement, and (3) the use of survey-based measures in public policy and legal disputes.