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Post-Sale Confusion Confusion

Gerard Magliocca

Gerard N. Magliocca is the Samuel R. Rosen Professor at the Indiana University Robert H. McKinney School of Law. Professor Magliocca is the author of three books and over twenty articles on constitutional law and intellectual property. He received his undergraduate degree from Stanford, his law degree from Yale, and joined the faculty after two years as an attorney at Covington and Burling and one year as a law clerk for Judge Guido Calabresi on the United States Court of Appeals for the Second Circuit. Professor Magliocca has received the Best New Professor Award and the Black Cane (Most Outstanding Professor) from the student body, and in 2008 held the Fulbright-Dow Distinguished Research Chair of the Roosevelt Study Center in Middelburg, The Netherlands. He was elected to the American Law Institute (ALI) in 2013.

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2 Responses

  1. TDG says:

    This should be helpful: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1798867

    The idea that consumers think the product will be shoddy or not up to snuff seems like a canard in most cases. In borderline counterfeit goods scenarios (knockoff Gucci bags), it seems like the bigger problem from the producer’s end is that high-end consumers will see lower-status individuals aping the buying habits of high-end consumers, at which point high-end consumers who realize this will stop purchasing the producer’s goods. In similar goods scenarios, the problem seems to be more about carving out a broader market space for the goods than about consumer confusion.

  2. The theory in which buyers consider the item will probably be poor or perhaps not necessarily around snuff may seem like any canard typically. Inside related items cases, the situation is apparently a lot more concerning carving out there any larger industry area for your items as compared to concerning buyer distress.