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The Psychology Behind Trademark Infringement and Counterfeiting





ISBN 9780805847932
Published June 6, 2006 by Psychology Press
322 Pages

 
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Book Description

As those involved in commerce are aware, preventing competitors and others from imitating successful brands is a difficult and costly task.

This book serves to inform the reader concerning complexities of the issues of brand imitation, integrating the disciplines of psychology, business, and law to the area of trademark infringement and counterfeiting. Principles and theories from psychology and how they are relevant to consumers' perceptions in the marketplace are used to explain why competitors steal the intellectual property of another company or entity.

The possibility of brand imitation or counterfeiting should be contemplated in designing new products or brand packaging, just as it is in the printing of currency. It is the intent of The Psychology Behind Trademark Infringement and Counterfeiting to provide those involved in commerce with some understanding, some ideas, and perhaps some strategy for building differentiated brands that are easy to protect.

Brand managers, expert witnesses to trademark cases, intellectual property lawyers, and academics of consumer behavior and marketing will find this book useful to understanding consumer motives and processes of trademark infringement and counterfeiting. It could be used as a textbook in courses on marketing.

Table of Contents

Contents: Preface. Sorting Out the Issues. Understanding the Consumer. Psychological Principles Underlying Consumer Perceptions of Imitation Brands. Cases of Imitation in the Marketplace. Strategies to Be Distinctive. Testing for Brand Imitation. The Special Case of Cyberspace. Trademark Infringement in China. Where to From Here? Appendices.

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Author(s)

Biography

Judy Zaichkowsky is a Professor of Marketing at the Faculty of Business Administration andmember of the Board ofGovernors, Simon Fraser University. She received her PhD from the University of California, Los Angeles in 1984, in Marketing, with minors in Psychology and Statistics. She holds a master’s in Consumer Studies from the University of Guelph and received aCentenary Alumni award fromthe University ofGuelph in 2003 for outstanding contributions to research. Dr. Zaichkowsky has been actively researching consumers since the early 1970s and has published works onmany facets of consumer behavior. Her knowledge and expertise on the role of involvement in consumer research has had amajor impact on the field of marketing. Her 1985 Journal of Consumer Research paper on the involvement construct is one of the top 10 cited articles in consumer behavior and one of the most influential articles in the field of advertising. Professor Zaichkowsky sits on the review boards for the Journal of Advertising, Journal of the Academy Marketing Science, Asia Pacific Journal of Marketing, Journal of Promotion Management, and Psychology and Marketing. The decision to write this book stemmed from her personal experience as an expert witness to a passing-off case. She continues to consult on branding issues and to act as an expert witness in cases of trademark infringement."

Reviews

"This book is an excellent addition to the current literature on Trademark Infringement and Counterfeiting (TIC) and will prove attractive to a wide array of audiences. In an era of changing markets and corporate frustrations with TIC, Zaichkowsky's work is expected to have a long shelf life. Marketers need to read the informative book, and it is a "must read" for those grappling with TIC issues." — Journal of Marketing Review, April, 2007

“I really like this book. It brings together, all in one place, important information that is not available anywhere else. I especially like the combination from different sources: consumer behavior, branding, the law, marketing strategy, and competitive strategy.”— George Zinkhan, Terry College of Business, University of Georgia

“This book represents the first academic treatment of brand trademark infringement from a consumer behavior perspective, and there are a number of new and unique ideas presented in the book.”— Julie Ruth, School of Business - Camden, Rutgers University

"Zaichkowsky provides a comprehensive review of consumer behavior theories, as they relate to trademark infringement and counterfeiting practices. Thus, the book offers an authoritative assessment of the relevant literature, including both court cases and marketplace behaviors… The author offers a compelling narrative, helping readers to understand and prevent activities that foster stealing intellectual property." – Candice R. Hollenbeck & George M. Zinkhan, PsycCRITIQUES