The Psychology Behind Trademark Infringement and Counterfeiting (Paperback)

by J. L. Zaichkowsky (Author)

Editorial Reviews

Review

“I really like this book. It brings together, all in one place, important information that is not available anywhere else. I especially like the combination from different sources: consumer behavior, branding, the law, marketing strategy, and competitive strategy.”

—George Zinkhan
Terry College of Business, University of Georgia

“This book represents the first academic treatment of brand trademark infringement from a consumer behavior perspective, and there are a number of new and unique ideas presented in the book.”

—Julie Ruth
School of Business - Camden, Rutgers University

This book is an excellent addition to the current literature on Trademark Infringement and Counterfeiting (TIC) and will prove attractive to a wide array of audiences. In an era of changing markets and corporate frustrations with TIC, Zaichkowskys work is expected to have a long shelf life. Marketers need to read the informative book, and it is a must read for those grappling with TIC issues. — Journal of Marketing Review, April, 2007

I really like this book. It brings together, all in one place, important information that is not available anywhere else. I especially like the combination from different sources: consumer behavior, branding, the law, marketing strategy, and competitive strategy.— George Zinkhan, Terry College of Business, University of Georgia

This book represents the first academic treatment of brand trademark infringement from a consumer behavior perspective, and there are a number of new and unique ideas presented in the book.— Julie Ruth, School of Business - Camden, Rutgers University

Zaichkowsky provides a comprehensive review of consumer behavior theories, as they relate to trademark infringement and counterfeiting practices. Thus, the book offers an authoritative assessment of the relevant literature, including both court cases and marketplace behaviors… The author offers a compelling narrative, helping readers to understand and prevent activities that foster stealing intellectual property. – Candice R. Hollenbeck & George M. Zinkhan, PsycCRITIQUES

Product Description
As those involved in commerce are aware, preventing competitors and others from imitating successful brands is a difficult and costly task. This book serves to inform the reader concerning complexities of the issues of brand imitation, integrating the disciplines of psychology, business, and law to the area of trademark infringement and counterfeiting. Principles and theories from psychology and how they are relevant to consumers’ perceptions in the marketplace are used to explain why competitors steal the intellectual property of another company or entity.

The possibility of brand imitation or counterfeiting should be contemplated in designing new products or brand packaging, just as it is in the printing of currency. It is the intent of The Psychology Behind Trademark Infringement and Counterfeiting to provide those involved in commerce with some understanding, some ideas, and perhaps some strategy for building differentiated brands that are easy to protect.

Brand managers, expert witnesses to trademark cases, intellectual property lawyers, and academics of consumer behavior and marketing will find this book useful to understanding consumer motives and processes of trademark infringement and counterfeiting.

As those involved in commerce are aware, preventing competitors and others from imitating successful brands is a difficult and costly task. This book serves to inform the reader concerning complexities of the issues of brand imitation, integrating the disciplines of psychology, business, and law to

See all Editorial Reviews

Product Details

• Paperback: 320 pages
• Publisher: LEA, Inc.; illustrated edition edition (June 6, 2006)
• Language: English
• ISBN-10: 0805847936
• ISBN-13: 978-0805847932
• Product Dimensions: 9.1 x 6.1 x 0.8 inches
• Shipping Weight: 15.8 ounces (View shipping rates and policies)
• Average Customer Review: 3.0 out of 5 stars See all reviews (2 customer reviews)
• Amazon.com Sales Rank: #1,332,204 in Books (See Bestsellers in Books)

Customer Reviews

Most Helpful Customer Reviews

2 of 2 people found the following review helpful:

1.0 out of 5 stars A topic in need of a book, January 12, 2007

By	Rebecca L. Tushnet (Washington, DC USA) - See all my reviews (REAL NAME)

Just not this book. It's a great idea to use more current psychological knowledge to inform trademark law, which is after all about consumer protections of signs and symbols used to differentiate products. Unfortunately, the flaws in this book make it unhelpful, and maybe even actively damaging, to the cause.

It's written in a jargony, passive-voice-heavy style that is often unclear. The author works in Canada, but spends a lot of time on US case law, which would be okay except that she often makes factual mistakes or distorts case outcomes (I assume as a result of unfamiliarity with the US system), painting an incoherent and inaccurate picture of US law.

The perspective is consistently in favor of trademark owners. There's nothing wrong with having a point of view, of course, but the problem is that a trademark owner reading this book would not get a good idea of the possible defenses or limits on trademark rights, and their justifications (whether in psychology or in law). One-sidedness of this type just sets trademark owners up for disappointment and invites counterargument. The book even concludes with an unironic summary of an incident in White Oleander in which the protagonist learns that having beautiful, expensive things bought for her is the solution to her otherwise miserable life because having real things makes her real.

There's a good chapter on Chinese trademarks and knockoffs, mostly written by another person according to the credits, with a useful comparison chart on laws in Taiwan, Hong Kong, and mainland China.

5.0 out of 5 stars Unashamedly pro-brand, but a unique reference on imitation, July 15, 2007

By	Stephen H. Downes "Brand man!" (Melbourne, Australia) - See all my reviews (REAL NAME)

This is a long-awaited, updated and re-titled editon of Judy Zaichkowsky's earlier work "Defending Your Brand Against Imitation" (Quorum Books, 1995) which has been out of print for most of the past decade. Zaichkowsky is a distinguished Canadian marketing academic and consumer psychologist whose work on key consumer behaviour concepts - particularly involvement - is frequently cited by other researchers. She is also an experienced expert witness in marketing-related litigation in Canada and the US.

Zaichkowsky has written elsewhere that "when imitation misguides, misleads or confuses consumers, there is deception in the marketplace that can destroy the language of brands and devalue whole product categories". However, it would be unfair to dismiss this book simply because Zaichkowsky takes a pro-brand stance. It remains the only single scholarly work that integrates all of the relevant psychological principles that might be starting points for the development of evidence - both for the plaintiff and for the defendant - in a case of alleged brand or trade mark imitation or counterfeiting.

By my reading, it is not the author's intention to provide some kind of "manual" for the lawyer wishing to adduce expert evidence - every case is different - but the psychological principles that are explained clearly and evocatively in this book, and illustrated with relevant legal cases, are the basic tools with which the legal team and experts will work to make or defend their claims. Detailed analysis of the market and the competitive environment will always be necessary and will always provide the context in which the most relevant psychological principles should be applied.

And it's certainly not a book that is only of interest or assistance to plaintiffs and their lawyers. In particular, knowing which principles and models the plaintiff may have conveniently left out of their argument is also crucial in defending a claim of imitiation, passing off or trade mark infringement. Marketers who are asked to provide opinions or design the kind of specialised consumer research that's needed to support litigation - or to critique a survey from the other side - will find it especially valuable.

As a marketer - not a lawyer - I can't comment on Zaichkowsky's interpretation of the case law. But I DO know many IP lawyers, barristers and indeed judges whose approaches to cases of this kind would be significantly informed and improved if they would buy and read this work.