The Cambridge Handbook of Marketing and the Law

Legal and marketing scholars examine issues in trademarks and brands, consumer value and its measurement, and damages.

Jacob E. Gersen (Edited by), Joel H. Steckel (Edited by)

9781108470018, Cambridge University Press

Hardback, published 13 July 2023

500 pages
22.9 x 15.2 x 2.5 cm, 0.859 kg

'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.

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.

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.

Subject Areas: Company, commercial & competition law [LNC]