Burrell, R.G. and Weatherall, K. (2018) Towards a New Relationship between Trade Mark Law and Psychology. Current Legal Problems, 71 (1). pp. 87-118. ISSN 0070-1998
Abstract
Trade mark law and cognitive psychology are both concerned with establishing the mental states of consumers: in theory then we might expect these disciplines to have a close relationship, and to be engaged in ongoing dialogue. This is not the case and on further examination, real difficulties emerge, especially arising from trade mark law’s registration system. It is not simple to reconcile the goals, and the philosophical foundations, of these two disciplines. This article makes the argument that insights from psychology can play an important role in trade mark law, but for that to happen, we need to move away from the idea that insights from psychology are only useful to decide particular disputes before the courts. A better approach is to test trade mark law at a higher level of abstraction: to test trade mark law s assumptions about how consumers process information. Starting at this level could inform trade mark law, without disrupting the registration system.
Metadata
Item Type: | Article |
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Authors/Creators: |
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Copyright, Publisher and Additional Information: | This is a pre-copyedited, author-produced version of an article accepted for publication in Current Legal Problems following peer review. The version of record Robert Burrell, Kimberlee Weatherall; Towards a New Relationship Between Trade Mark Law and Psychology, Current Legal Problems, , cuy001, is available online at: https://doi.org/10.1093/clp/cuy001. |
Dates: |
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Institution: | The University of Sheffield |
Academic Units: | The University of Sheffield > Faculty of Social Sciences (Sheffield) > School of Law (Sheffield) |
Depositing User: | Symplectic Sheffield |
Date Deposited: | 20 Jun 2018 11:09 |
Last Modified: | 27 Sep 2020 00:38 |
Published Version: | https://doi.org/10.1093/clp/cuy001 |
Status: | Published |
Publisher: | Oxford University Press (OUP) |
Refereed: | Yes |
Identification Number: | 10.1093/clp/cuy001 |
Open Archives Initiative ID (OAI ID): | oai:eprints.whiterose.ac.uk:132186 |