TITLE

Working Together

AUTHOR(S)
Gelb, Gabriel M.; Gelb, Betsy D.
PUB. DATE
January 2005
SOURCE
Marketing Management;Jan/Feb2005, Vol. 14 Issue 1, p47
SOURCE TYPE
Periodical
DOC. TYPE
Article
ABSTRACT
This article focuses on the role of marketing managers in the success of their company's intellectual-property litigation. The first role, creating inherent distinctiveness, is best recognized before the launch of any consumer or industrial product or the opening of any first retail outlet since all of these attract imitators as they become successful. The more a design, name, logo, or package is unusual, the easier it is to protect. The second issue for marketing managers is awareness of how attorneys demonstrate confusion and how they can help. Regardless of their ability to demonstrate actual confusion, however, attorneys are likely to ask a litigation survey expert to conduct research demonstrating likelihood of confusion--or lack of such likelihood, depending on which side the company is on. That task differs significantly from commercial marketing research. Marketing managers need to understand the litigation survey process to provide help and recognize that litigation surveys cannot be judged by the standards applied to conventional marketing surveys.
ACCESSION #
17137472

 

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