This handbook examines a wide range of current legal and policy issues at the intersection of marketing and the law. Focusing on legal outcomes that depend on measurements and interpretations of consumer and firm behavior, the chapters explore how consumers form preferences, perceptions, and beliefs, and how marketers influence them. Specific questions include the following: How should trademark litigation be valued and patent damages assessed? What are the challenges in doing so? What divides certain marketing claims between fact and fiction? Can a litigant establish secondary meaning without a survey? How can one extract evidence on consumer behavior with the explosion of social media? This unique volume at the intersection of marketing and the law brings together an international roster of scholars to answer these questions and more.
Introduction; Part I. Understanding Consumer Behavior: 1. The purchase funnel and litigation Laura O'Laughlin and Catherine Tucker; 2. Implications of the consumer journey to traditional consumer surveys for litigation Chad Hummel, Ben Mundel and Jerry Wind; 3. 'They ruined popcorn': on the costs and benefits of mandatory labels Cass R. Sunstein; 4. Valuation of personal data: assessing potential harm from unauthorized access and misuse of personal information in consumer class actions Vildan Altuglu, Lorin M. Hitt, Samid Hussain and Matteo Li Bergolis; Part II. Understanding Marketing Phenomena: 5. 'The persistence of false reference prices: theory and empirical evidence' Yiting Deng, Richard Staelin and Joe Urbany; 6. Brand value, marketing spending, and brand royalty rates Dominque M. Hanssens, Lorenzo Michelozzi and Natalie Mizik; 7. On puffery Rebecca Tushnet; 8. Search Engine advertising, trademark bidding, and consumer intent Anindya Ghose and Avigail Kifer; Part III. Methodological Advances: 9. Choice experiments: reducing complexity and measuring behavior rather than perception Joel Steckel, Rebecca Kirk Fair, Kristina Shampanier and Anne Cai; 10. Use of conjoint analysis in litigation: challenges, best practices, and common mistakes Rene Befurt, Niall Macmenamin, Aylar Paur Mohammad and Joel Steckel; 11. Piece problems: component valuation in marketing and in patent and tort law Saul Levmore; 12. Marketing analysis in class certification Randolph E. Bucklin and Peter Simon; 13. Damages estimation in consumer deception class action: legal and methodological issues August T. Horvath; 14. Taking a second look at secondary meaning: a marketing perspective on circuit court factors Peter N. Golder, Michael J. Schreck and Aaron C. Yeater; 15. Social media evidence in commercial litigation Tom Wesson, Erich Schaeffer, Brenda Arnott-Wesson, Mark Pelofsky, David Heller and Bree Glavano; Part IV. How The Law Protects: 16. Law as persuasion Bert I. Huang; 17. The Coca-Cola bottle: a fragile vessel for building a brand Jacob E. Gersen and C. Scott Hemphill; 18. Poor consumer(s) law: the case of high-cost credit and payday loans Shmuel I. Becher, Yuval Feldman and Orly Lobel; 19. Eating law Stephen Ansolabehere and Jacob E. Gersen.
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