A Brand Theory of Trademark Law

Desai, Deven R.

doi:10.2139/ssrn.1585327

Cited by 3 publications

(4 citation statements)

References 27 publications

Supporting

Mentioning

Contrasting

Order By: Relevance

“…The cultivation of market distinction is a crucial aspect in highly competitive e-commerce environments, where trademarks play a significant role in establishing a unique market presence. The act of differentiating oneself in this manner enhances trust via the projection of a professional and distinctive image [28].…”

Section: Literature Reviewmentioning

confidence: 99%

Utilising Artificial Intelligence to Turn Reviews into Business Enhancements through Sentiment Analysis

Nichifor,

Brătucu,

Chițu

et al. 2023

Electronics

View full text Add to dashboard Cite

The use of sentiment analysis methodology has become crucial for e-commerce enterprises in order to optimise their marketing tactics. In the present setting, the authors strive to demonstrate the ethical and efficient use of artificial intelligence in the realm of business. The researchers used qualitative research methodologies to analyse a total of 1687 evaluations obtained from 85 online retailers associated with electronic commerce Europe Trustmark. These stores were linked with 18 different nations and operated over 14 distinct domains. The investigation used the combined power of natural language processing and machine learning, implemented via a Software-as-a-Service (SaaS) platform. The results of the study indicate that consumers often exhibit a neutral emotional tone while leaving one-star ratings. Although the influence of unfavourable evaluations is generally limited, it highlights the need for more attentiveness in their management. The extent to which users interact with goods and services has a substantial impact on the probability of publishing reviews, regardless of whether the encountered experience is unpleasant or favourable. The authors urge for the acquisition of tools and skills in order to boost the efficiency of managers and experts in parallel with expanding technological landscapes, with a particular emphasis on the utilisation of artificial intelligence for sentiment analysis.

show abstract

Section: Literature Reviewmentioning

confidence: 99%

Utilising Artificial Intelligence to Turn Reviews into Business Enhancements through Sentiment Analysis

Nichifor,

Brătucu,

Chițu

et al. 2023

Electronics

View full text Add to dashboard Cite

show abstract

“…Professor Robert G. Bone explains, trademark law's "core mission, as it is understood today, is to facilitate the transmission of accurate information to the market" (Desai, 2012). Trademark law thus clings to the model of the firm as the one with the exclusive power to develop the brand and to control its meaning.…”

Section: Trademarkmentioning

confidence: 99%

“…Trademark law thus clings to the model of the firm as the one with the exclusive power to develop the brand and to control its meaning. Trademarks enhance the economic efficiency of the marketplace by "lessening consumer search costs by making products and producers easier to identify in the marketplace," and "encouraging producers to invest in quality by ensuring that they produced, and not their competitors, reap the reputation-related rewards of that investment (Desai, 2012).…”

Section: Trademarkmentioning

confidence: 99%

Issues in halal food product labelling: a conceptual paper

Osman¹,

Rahman²,

Jalil³

2020

Food Res.

View full text Add to dashboard Cite

The paper was aimed to uncover the issues encountered on Halal Food Product labelling to prevent the misuse of Islamic attributes in food products labelling and to ensure the appropriate trademarks, terms, and label used on the packaging and marketing strategy. The method used for this conceptual paper was from literature reviews from journal articles, thesis, proceedings and conferences, books, and online news, which are related to the keywords and research area. Trademarks and labels are among the crucial elements in marketing, which enable the consumer to differentiate the quality, the ingredients and will affect the consumers’ buying choice. Recently there is a trend of using Islamic attributes in food product labelling as trademarks to attract Muslim consumers. The issues encountered on halal food product labelling are the use of Quranic verses on the drink, the term “Sunnah food”, using Islamic terms such as “Masjid”, “Mukmin”, and others in food products’ trademark and label. The consumers were deceived into thinking that these products have extra benefits as compared to others due to Islamic attributes they have. Thus, there is a need for an in-depth study on these issues since there is no clear and specific guideline on this matter.

show abstract

“…Trademark law is about protecting the economic efficiency of trademarks (Landes and Posner, 1987, in Desai, 2010). In the first instance, a trademark guarantees a producer or provider an exclusive right to access the consumer goodwill that attaches to a word or symbol – created and invested in, by the producer or provider.…”

Section: Conceptualizing Economic Harmmentioning

confidence: 99%

The lady doth protest too much: a neurophysiological perspective on brand tarnishment

Boshoff

2016

JPBM

View full text Add to dashboard Cite

Purpose The purpose of this study is to investigate consumers’ subconscious/emotional responses to brand tarnishment. Design/methodology/approach Brand tarnishment and the responses of business firms in protecting their brands against economic harm have been controversial topics for many years. Unfortunately, those who have resorted to the courts to protect their brands have met with mixed success, mainly because the methodologies used to demonstrate economic harm have proved controversial. One caveat in the history of court cases is the absence of any investigation related to emotional responses to brand dilution in general, and to brand tarnishment in particular. This is so, despite several calls to investigate this relationship. Findings It is concluded that the brand tarnishment of fairly well-known brands is largely ineffectual (neutral emotional responses). Research limitations/implications The primary contribution of this study is that, for the first time, some light is shed on consumers’ emotional responses to brand tarnishment. Irrespective of the neurophysiological measure used, the results consistently demonstrate that the subconscious responses to brand tarnishment are generally neutral. The results thus do not suggest any likelihood of severe economic harm due to negative emotional responses to brand tarnishment. Practical implications The results of this study have important managerial implications for brand managers, and particularly for those responsible for relatively well-established brands. It is clear that at the unconscious level, brand tarnishment is not as harmful as many seem to believe. There is evidence that brands will not be harmed if the “tarnishment” consists of social commentary. Social implications It could also suggest that consumers can differentiate between different forms of tarnishment, and that tarnishment involving social commentary is not frowned upon. This may be because the consumer agrees with the social commentary, or finds it amusing. In short, it seems that consumers may see the tarnishment as mildly amusing, but realize that it is not of a serious nature. Originality/value The results seem to suggest that legal action against those who tarnish brands is unnecessary and probably ineffective. Instead, this study proposes more innovative ways to respond to brand tarnishment.

show abstract

A Brand Theory of Trademark Law

Cited by 3 publications

References 27 publications

Utilising Artificial Intelligence to Turn Reviews into Business Enhancements through Sentiment Analysis

Utilising Artificial Intelligence to Turn Reviews into Business Enhancements through Sentiment Analysis

Issues in halal food product labelling: a conceptual paper

The lady doth protest too much: a neurophysiological perspective on brand tarnishment

Contact Info

Product

Resources

About