Sense and Nonsense in Measuring Sponsorship Confusion

47 Pages Posted: 27 Sep 2005  

Jacob Jacoby

New York University (NYU) - Department of Marketing; New York University (NYU) - Leonard N. Stern School of Business

Multiple version iconThere are 2 versions of this paper

Date Written: September 12, 2005

Abstract

Section 43 of the Lanham Act prohibits false or misleading misrepresentations of fact that are likely to cause confusion, or to cause mistake, or to deceive as to the sponsorship or approval of goods or services. Examination of case law reveals emerging disagreement across courts on what needs to be assessed when measuring such "sponsorship" confusion. Various issues, including the logic underlying such measurement, are discussed. In the process, the author explains why, from the perspective of both science and law, one approach accepted by courts makes sense while another does not.

Suggested Citation

Jacoby, Jacob, Sense and Nonsense in Measuring Sponsorship Confusion (September 12, 2005). NYU, Law and Economics Research Paper No. 05-19. Available at SSRN: https://ssrn.com/abstract=809509 or http://dx.doi.org/10.2139/ssrn.809509

Jacob Jacoby (Contact Author)

New York University (NYU) - Department of Marketing ( email )

909 Tisch Hall
40 West Fourth St
New York, NY
United States
212-998-0515 (Phone)
212-995-4006 (Fax)

New York University (NYU) - Leonard N. Stern School of Business ( email )

40 West 4th Street
909 Tisch Hall
New York, NY 10012
United States

Paper statistics

Downloads
222
Rank
111,022
Abstract Views
2,430