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2003 - American Association for Public Opinion Research Words: 290 words || 
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1. Gendall, Phil. and Hoek, Janet. "Survey Research and Secondary Meaning: The Case of Colour Trademarks" Paper presented at the annual meeting of the American Association for Public Opinion Research, Sheraton Music City, Nashville, TN, Aug 16, 2003 <Not Available>. 2019-10-20 <http://citation.allacademic.com/meta/p116422_index.html>
Publication Type: Conference Paper/Unpublished Manuscript
Review Method: Peer Reviewed
Abstract: Trademarks are internationally recognised as devices that indicate the source of products and, in so doing, differentiate them from competing products. To operate successfully, trademarks depend on distinctiveness – their ability to identify one brand in a category containing a number of competing brands. Cohen (1986) noted several types of mark, which constitute a continuum anchored by genericism at one end and highly fanciful marks at the other. The extent to which a mark can associate a brand with a particular source depends entirely on its distinctiveness. Generic marks, by definition, connote a category not a brand, and so fail to merit trademark protection. Even marks that have achieved trademark protection may lose this if, through extensive use, they become associated with a category rather than a specific brand within this.

Until very recently, the courts viewed colour as primarily generic. Although colours obtained protection as part of trade dress, where they formed an integral component of a logo or other mark, the courts had not considered that, alone, colours could identify specific brands. However, over the last decade, several companies have successfully registered colours that have a distinctive association with a brand as trademarks. Consumer evidence supporting the argument that consumers associate the colour with a particular brand can play an important role in establishing the distinctiveness of a colour.

However, the research methods typically used to test secondary meaning have not been applied to colour registrations. This research adapts the “purchase encounter” and “classification” methods and compares the results obtained when these are used to assess the distinctiveness of colour. The research also explores the use of choice modelling as a means of testing brand-colour interactions.

2004 - American Sociological Association Pages: 20 pages || Words: 4639 words || 
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2. Bowie, James. "A Quantitative Approach to the Study of Distinctiveness, Similarity, and Legitimacy in American Trademark Design" Paper presented at the annual meeting of the American Sociological Association, Hilton San Francisco & Renaissance Parc 55 Hotel, San Francisco, CA,, Aug 14, 2004 Online <.PDF>. 2019-10-20 <http://citation.allacademic.com/meta/p109565_index.html>
Publication Type: Conference Paper/Unpublished Manuscript
Review Method: Peer Reviewed
Abstract: As public relations, marketing, and branding became increasingly important to organizations in the twentieth century, there evolved a more strategic and intentional approach to the design and use of corporate symbols such as trademarks and logos. Professionals took over logo design, developing a set of conceptions about how the process should be carried out. Primary among the rules of design that emerged was that logos should be distinctive. Yet a casual examination of logos in today’s “brandscape” reveals many logos that are similar to one another, a trend that is particularly pronounced among logos within industries. I argue that in addition to providing distinctiveness to an organization or product, logos serve to signal legitimacy within an organizational field by conforming to expectations about what a symbol in that field should look like. I believe that it is this function, rather than that of producing distinctiveness, that is predominant in driving the process of logo design. I outline several hypotheses related to this argument and describe a quantitative approach to testing them. This approach takes advantage of a United States Patent and Trademark Office dataset in which logos are assigned codes based on their visual content.

2005 - The Law and Society Words: 159 words || 
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3. Butters, Ronald. "The Credentials of Linguists Testifying in American Trademark Litigation" Paper presented at the annual meeting of the The Law and Society, J.W. Marriott Resort, Las Vegas, NV, <Not Available>. 2019-10-20 <http://citation.allacademic.com/meta/p18583_index.html>
Publication Type: Conference Paper/Unpublished Manuscript
Abstract: The standards for admitting linguists as expert witnesses in civil and criminal cases in American courts are, in the end, set on a case-by-case basis by the courts having jurisdiction, and in recent years courts have seemingly been reluctant to exclude proposed linguistics “experts” as unqualified. This paper describes several recent cases in American trademark litigation in which the methodologies employed by the linguistic experts were clearly deficient, and in which the deficiencies appear to stem from inadequate training and experience on the part of the putative expert. While no credentialing agency exists in America for forensic linguistics, the paper proposes a number of putative minimal standards that the legal profession might use in screening putative linguistic experts, including not only an advanced university degree in linguistics, experience in teaching and research, and active membership in recognized relevant scholarly organizations, but also training and/or experience in the relevant subfields (e.g., lexicography in the case of one testifying about trademarks).

2005 - The Law and Society Words: 8 words || 
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4. Goldman, Eric. "Trademark Adjacency" Paper presented at the annual meeting of the The Law and Society, J.W. Marriott Resort, Las Vegas, NV, <Not Available>. 2019-10-20 <http://citation.allacademic.com/meta/p17959_index.html>
Publication Type: Conference Paper/Unpublished Manuscript
Abstract: This paper explores the theory of trademark adjacency.

2009 - The Law and Society Association Words: 189 words || 
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5. Wasserman, David. "Trading Sex, Marking Bodies: Pornographic Trademarks and the Lanham Act" Paper presented at the annual meeting of the The Law and Society Association, Grand Hyatt, Denver, Colorado, May 25, 2009 <Not Available>. 2019-10-20 <http://citation.allacademic.com/meta/p376705_index.html>
Publication Type: Conference Paper/Unpublished Manuscript
Review Method: Peer Reviewed
Abstract: In this comment, I argue that many of the pornographic trademarks currently registered with the U.S. Patent and Trademark Office consist of disparaging material in violation of Section 2(a) of the Lanham (Trademark) Act (15 U.S.C. § 1052(a)). To show this, I apply the current doctrinal test for trademark disparagement, as found in Harjo v. Pro-Football (284 F.Supp.2d 96 (2003)), to several registered trademarks. I assert that these trademarks “make[] [racism, sexism, and homophobia] sexy, thereby legitimating, nourishing, and reinforcing… stereotypes, bigotry, and mistreatment.” Further, I contend that the registration of these trademarks both amounts to a governmental sanction of the goods and/or services the trademark represents, and works to undermine the nation’s normative commitment to equality by assisting those who profit from sexual and racial subordination. Despite the normative implications that registration can have, I do not argue for a wholesale ban on the registration of pornographic trademarks. Rather, I note the complexity in determining what is and what is not disparaging and highlight the potential, in trademark registration, for members of subordinated communities who wish to use pornography as a site of reclamation and identity reconstitution.

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