Recognition in context: implications for trade mark law

Humphreys, Michael S., McFarlane, Kimberley A., Burt, Jennifer S., Kelly, Sarah J., Weatherall, Kimberlee G. and Burrell, Robert G. (2017) Recognition in context: implications for trade mark law. Psychonomic Bulletin and Review, 24 5: 1-8. doi:10.3758/s13423-017-1235-6

Author Humphreys, Michael S.
McFarlane, Kimberley A.
Burt, Jennifer S.
Kelly, Sarah J.
Weatherall, Kimberlee G.
Burrell, Robert G.
Title Recognition in context: implications for trade mark law
Journal name Psychonomic Bulletin and Review   Check publisher's open access policy
ISSN 1069-9384
Publication date 2017-01-24
Year available 2017
Sub-type Article (original research)
DOI 10.3758/s13423-017-1235-6
Open Access Status Not yet assessed
Volume 24
Issue 5
Start page 1
End page 8
Total pages 8
Place of publication New York, United States
Publisher Springer
Language eng
Subject 3205 Experimental and Cognitive Psychology
3204 Developmental and Educational Psychology
1201 Arts and Humanities (miscellaneous)
Abstract Context effects in recognition have played a major role in evaluating theories of recognition. Understanding how context impacts recognition is also important for making sound trade mark law. Consumers attempting to discriminate between the brand they are looking for and a look-alike product often have to differentiate products which share a great deal of common context: positioning on the supermarket shelf, the type of store, aspects of the packaging, or brand claims. Trade mark and related laws aim to protect brands and reduce consumer confusion, but courts assessing allegations of trade mark infringement often lack careful empirical evidence concerning the impact of brand and context similarity, and, in the absence of such evidence, make assumptions about how consumers respond to brands that downplay the importance of context and focus on the similarity of registered marks. The experiments reported in this paper aimed to test certain common assumptions in trade mark law, providing evidence that shared context can cause mistakes even where brand similarity is low.
Keyword Recognition memory
Global matching
Trade mark law
Q-Index Code C1
Q-Index Status Provisional Code
Grant ID LP1201 00249
Institutional Status UQ
Additional Notes Published online 21 January 2017

Document type: Journal Article
Sub-type: Article (original research)
Collections: HERDC Pre-Audit
UQ Business School Publications
School of Psychology Publications
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Created: Tue, 24 Jan 2017, 14:47:42 EST by Karen Morgan on behalf of UQ Business School