Kimberlee Weatherall

The politics of linkages in U.S. Preferential trade agreements

Publisher: Cambridge University Press

Date: 07-03-2011

DOI: 10.1017/CBO9780511976834.003

Brand name confusion: Subjective and objective measures of orthographic similarity

Publisher: American Psychological Association (APA)

Date: 09-2017

DOI: 10.1037/XAP0000127

Abstract: 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

The Australia-US free trade agreement’s impact on Australia’s copyright trade policy

Publisher: Informa UK Limited

Date: 09-07-2015

DOI: 10.1080/10357718.2015.1048778

Patent enforcement: A review of the literature

Publisher: Wiley

Date: 15-03-2014

DOI: 10.1111/JOES.12009

Recognition in context: Implications for trade mark law

Publisher: Springer Science and Business Media LLC

Date: 21-01-2017

DOI: 10.3758/S13423-017-1235-6

Abstract: 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.

The consumer as the empirical measure of trade mark law

Publisher: Wiley

Date: 2017

DOI: 10.1111/1468-2230.12242

Stories of copyright policy: The shift to an innovation agenda and what it might mean

Publisher: Swinburne University of Technology

Date: 27-02-2011

DOI: 10.7790/TJA.V61I1.183

How important is the name in predicting false recognition for lookalike brands?

Publisher: American Psychological Association (APA)

Date: 08-2017

DOI: 10.1037/LAW0000133

Provocations and challenges concerning enforcement and civil procedure in IP

Publisher: Edward Elgar Publishing

Date: 27-03-2015

DOI: 10.4337/9781784714956.00014

Australia’s plain packaging of tobacco products: Science and health measures in international economic law

Publisher: Routledge

Date: 13-12-2013

DOI: 10.4324/9780203381700

Evaluating SOPA: Who should enforce IP online?

Publisher: Swinburne University of Technology

Date: 19-08-2012

DOI: 10.7790/TJA.V62I4.330

University Of Sydney

Location: Australia

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Process Matters: The Global Law Of Intellectual Property Enforcement

Start Date: 2015

End Date: 2017

Funder: Australian Research Council

Testing Trade Mark Law’s Image Of The Consumer

Start Date: 2012

End Date: 2014

Funder: Australian Research Council

...and By Opposing, End Them: A Comparative Examination Of Opposition Processes In Patent Law

Start Date: 2006

End Date: 2008

Funder: Australian Research Council

Linkage Projects - Grant ID: LP160100387

Start Date: 09-2016

End Date: 12-2023

Amount: $252,000.00

Funder: Australian Research Council

Discovery Projects - Grant ID: DP0666803

Start Date: 2006

End Date: 12-2009

Amount: $289,967.00

Funder: Australian Research Council

ARC Centres Of Excellence - Grant ID: CE200100005

Start Date: 08-2020

End Date: 08-2027

Amount: $31,783,576.00

Funder: Australian Research Council

Discovery Projects - Grant ID: DP150104175

Start Date: 2015

End Date: 12-2019

Amount: $179,728.00

Funder: Australian Research Council

Linkage Projects - Grant ID: LP120100249

Start Date: 09-2012

End Date: 12-2017

Amount: $250,000.00

Funder: Australian Research Council

Special Research Initiatives - Grant ID: SR0354839

Start Date: 01-2004

End Date: 12-2003

Amount: $10,000.00

Funder: Australian Research Council

Discovery Projects - Grant ID: DP200101578

Start Date: 2020

End Date: 06-2024

Amount: $361,000.00

Funder: Australian Research Council

Linkage Projects - Grant ID: LP210200818

Start Date: 02-2023

End Date: 02-2026

Amount: $496,042.00

Funder: Australian Research Council

Legal And Social Dynamics Of EBook Lending In Australia’s Public Libraries

Start Date: 2016

End Date: 2018

Funder: Australian Research Council