Brand name confusion: Subjective and objective measures of orthographic similarity.

Determining brand name similarity is vital in areas of trademark registration and brand confusion. Students rated the orthographic (spelling) similarity of word pairs (Experiments 1, 2, and 4) and brand name pairs (Experiment 5). Similarity ratings were consistently higher when words shared beginnings rather than endings, whereas shared pronunciation of the stressed vowel had small and less consistent effects on ratings. In Experiment 3 a behavioral task confirmed the similarity of shared beginnings in lexical processing. Specifically, in a task requiring participants to decide whether 2 words presented in the clear (a probe and a later target) were the same or different, a masked prime word preceding the target shortened response latencies if it shared its initial 3 letters with the target. The ratings of students for word and brand name pairs were strongly predicted by metrics of orthographic similarity from the visual word identification literature based on the number of shared letters and their relative positions. The results indicate a potential use for orthographic metrics in brand name registration and trademark law. (PsycINFO Database Record

Recognition in context: Implications for trade mark law.

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.

Sponsorship, ambushing, and counter-strategy: effects upon memory for sponsor and event.

Corporate sponsorship of sports, causes, and the arts has become a mainstream communications tool worldwide. The unique marketing opportunities associated with major events also attract nonsponsoring companies seeking to form associations with the event (ambushing). There are strategies available to brands and events which have been ambushed; however, there is only limited information about the effects of those strategies on attainment of sponsorship objectives. In Experiment 1, university staff and students participated by studying paragraphs linking a sponsor to a novel event. Relative to each sponsor-event pair, they then studied one of three different messages about a competitor. Results find a message which linked the competitor and the event increased competitor recall given the event as a cue and event recall given the competitor as a cue. These effects were moderated if there was information about the competitor not being the sponsor. In Experiment 2 ambushing and counter-ambushing information was presented over 2 days. Both types of messages increased competitor recall given the event as a cue and event recall given the competitor as a cue. In addition, "not sponsor" information was not always used even when it should have been recallable. The results can be explained if participants are using three cues: a specific cue such as a brand name, a contextual cue, and a category cue, such as the concept of an event. Findings suggest to sponsoring firms and event properties that counter-ambushing communications may have the unintended effect of strengthening an ambusher-event relationship in memory.