Book contents
- The Cambridge Handbook of Marketing and the Law
- The Cambridge Handbook of Marketing and the Law
- Copyright page
- Dedication
- Contents
- Figures
- Tables
- Contributors
- Introduction
- Part I Understanding Consumer Behavior
- Part II Understanding Marketing Phenomena
- Part III Methodological Advances
- 9 Choice Experiments
- 10 Use of Conjoint Analysis in Litigation
- 11 Piece Problems
- 12 Marketing Analysis in Class Certification
- 13 Damages Estimation in Consumer Deception Class Actions
- 14 Taking a Second Look at Secondary Meaning
- 15 Social Media Evidence in Commercial Litigation
- Part IV How the Law Protects
14 - Taking a Second Look at Secondary Meaning
A Marketing Perspective on Circuit Court Factors
from Part III - Methodological Advances
Published online by Cambridge University Press: 29 June 2023
Book contents
- The Cambridge Handbook of Marketing and the Law
- The Cambridge Handbook of Marketing and the Law
- Copyright page
- Dedication
- Contents
- Figures
- Tables
- Contributors
- Introduction
- Part I Understanding Consumer Behavior
- Part II Understanding Marketing Phenomena
- Part III Methodological Advances
- 9 Choice Experiments
- 10 Use of Conjoint Analysis in Litigation
- 11 Piece Problems
- 12 Marketing Analysis in Class Certification
- 13 Damages Estimation in Consumer Deception Class Actions
- 14 Taking a Second Look at Secondary Meaning
- 15 Social Media Evidence in Commercial Litigation
- Part IV How the Law Protects
Summary
A brand element establishes secondary meaning when it becomes synonymous with the brand and serves as a source identifier for consumers. In legal parlance, secondary meaning has been defined as occurring when “in the minds of the public, the primary significance of a product feature or term is to identify the source of the product rather than the product itself.”1
- Type
- Chapter
- Information
- The Cambridge Handbook of Marketing and the Law , pp. 293 - 311Publisher: Cambridge University PressPrint publication year: 2023