Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

The Intellectual Property StrategistKickerSectionsNewsLJN Newsletters

Limits and Considerations in Control Groups

By Alex Simonson

Control groups have become an almost required element in trademark surveys. Survey methodology, however, derives from the field of sociology and political science where there was no such concept of 'control' groups. The studies were designed to be descriptive of a phenomenon. As such, the surveys contained no 'controls,' but could still none the less offer useful information. The political polling of today is such an example. Surveys used for intellectual property purposes have been heavily influenced by the field of experimental psychology, from which the concept of the 'control' emanates. The typical understanding of how a control group operates is that one group or cell receives a test stimulus and the other the control stimulus. The control stimulus is similar to the test but absent the alleged infringing aspects. The difference between their results reflects the 'net' confusion level, test minus 'noise.' This definition, however, fails to tell the full story that control groups may not always be needed, and, when needed, may not solve certain aspects of noise or biases merely by their presence.

For a control group to operate effectively, it is best to specify the exact hypothesis that one is positing is causing 'noise' and to design the study to control for that factor explicitly. For example, in a 'squirt study,' where an array of products is shown sequentially, a hypothesis may be that any products shown in such a sequential array would cause a certain level of measured confusion. If this is one's only reason for employing a control, then it would be clear that an 'Eveready study' (which does not present a sequential array) would not require a control. The point is simply that counsel must understand in advance what the hypothesis or hypotheses are for requiring a control group in order to understand whether the control is needed and valid.

This premium content is locked for Entertainment Law & Finance subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
The Article 8 Opt In Image

The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.

Major Differences In UK, U.S. Copyright Laws Image

This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.

Beach Boys Songs Written Decades Ago Triggered Current Quarrel With Lawyers Image

There's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.

Strategy vs. Tactics: Two Sides of a Difficult Coin Image

With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.

Transfer Tax Implications on Real Property Leases Image

The real property transfer tax does not apply to all leases, and understanding the tax rules of the applicable jurisdiction can allow parties to plan ahead to avoid unnecessary tax liability.