Kihlstrom, John F.

Kihlstrom, John F.

doi:10.1007/978-3-319-28099-8_2186-2

Cited by 1 publication

(1 citation statement)

References 19 publications

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“…Evidence suggests however that we are even less in control than we imagine: significant information gathering and processing occurs before our conscious faculties are engaged, ie within milliseconds of being presented with visual information. 74 The evidence also suggests that complex judgments and inferences can be made, 75 and goals can be formed unconsciously; 76 that is, processes of association can direct our preferences for a product without our awareness, 77 and people may consciously engage with a choice only after they decide unconsciously to pursue it. People will tend to trust a plausible, automatic judgment rather than 'thinking harder'.…”

Section: Consumer Decision-makingmentioning

confidence: 99%

The Consumer as the Empirical Measure of Trade Mark Law

Weatherall

2017

Modern Law Review

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Although consumer responses to signs and symbols lie at the heart of trade mark law, courts blow hot and cold on the relevance of empirical evidence – such as surveys and experiments – to establish how consumers respond to alleged infringing marks. This ambivalence is related to deeper rifts between trade mark doctrine and the science around consumer decision‐making. This article engages with an approach in ‘Law and Science’ literature: looking at how cognitive psychology and related disciplines conceptualise consumer decision‐making, and how counterintuitive lawyers’ approaches appear from this perspective. It demonstrates how, especially when proving confusion, decision‐makers in trade mark demand the impossible of empiricists and are simultaneously blind to the weaknesses of other sources of proof. A principled divergence, without seeking to collapse the gaps between legal and scientific approaches, but taking certain small steps, could reduce current problems of proof and contribute to better‐informed, more empirically grounded decisions.

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Section: Consumer Decision-makingmentioning

confidence: 99%

The Consumer as the Empirical Measure of Trade Mark Law

Weatherall

2017

Modern Law Review

View full text Add to dashboard Cite

show abstract

Kihlstrom, John F.

Cited by 1 publication

References 19 publications

The Consumer as the Empirical Measure of Trade Mark Law

The Consumer as the Empirical Measure of Trade Mark Law

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