Overview

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.

Full Product Details

Author:   Jacob E. Gersen (Harvard Law School, Massachusetts) ,  Joel H. Steckel (New York University)
Publisher:   Cambridge University Press
Imprint:   Cambridge University Press
Weight:   0.859kg
ISBN:  

9781108470018

ISBN 10:   1108470017
Pages:   500
Publication Date:   13 July 2023
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   Manufactured on demand  
We will order this item for you from a manufactured on demand supplier.

Table of Contents

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.

Reviews

'Gersen and Steckel have assembled contributions from leaders in consumer behavior, survey design, and litigation to provide a comprehensive review of market research fundamentals and their application in the context of litigation and government investigations. Their book explores relevant case law; provides clear examples of how to apply market research tools; and explains how empirical research, survey design, and qualitative analyses can serve as crucial evidence in examining liability, damages, and questions of common impact. It is certain to become an indispensable tool for practitioners and students of law, behavioral economics, and survey design.' Martha S. Samuelson, CEO and Chairman, Analysis Group Inc.

Author Information

Jacob Gersen is Sidley Austin Professor of Law at Harvard Law School, Affiliate Professor in the Department of Government, and Director of the Food Law Lab, which supports academic research on the legal treatment of food in society. He is also the coeditor of Food Law & Policy. Joel Steckel is Professor of Marketing at New York University Stern School of Business. Steckel was the founding president of the INFORMS Society for Marketing Science and has published numerous articles in publications including Journal of Marketing Research, Marketing Science, The Trademark Reporter, University of Pennsylvania Journal of Business Law, University of Chicago Law Review, and Emory Law Journal.

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