Ott (Links&Law) was so kind to point out a recent study by Franklyn/Hyman on consumer expectations and confusion when using trademarks as search terms.
As a starting point the study correctly states that “there has been little independent empirical work on consumer goals and expectations when they use trademarks as search terms; on whether consumers are actually confused by search results; and on which entities are buying trademarks as keywords. Instead, judges have relied heavily on their own intuitions, based on little more than armchair empiricism, to resolve such matters.”
Some chapters I found interesting:
- Part C ...