Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Limits and Considerations in Control Groups
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.
The process of evaluating hypotheses is not something specific to the field of marketing research. It is a logical assessment of comparing the following: what is being tested and what type of finding is sought to be relied on from the test. Comparing these two will cause an astute logician to determine whether the test adequately protects the results from having resulted from other potential causes (ie, what is often termed 'noise').
This premium content is locked for Entertainment Law & Finance subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- 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
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
Major Differences In UK, U.S. Copyright Laws
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.
The Article 8 Opt In
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.
Strategy vs. Tactics: Two Sides of a Difficult Coin
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.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
The Anti-Assignment Override Provisions
UCC Sections 9406(d) and 9408(a) are one of the most powerful, yet least understood, sections of the Uniform Commercial Code. On their face, they appear to override anti-assignment provisions in agreements that would limit the grant of a security interest. But do these sections really work?