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| Research shows how neuroscience could reduce bias, revolutionize intellectual property law Image Credit: creative commons |
Imagine you’re browsing the toothpaste aisle and see next to Colgate a new brand called Colddate, packaged in a box with similar colors and designs. “You might think this is clearly a copycat brand,” said Ming Hsu, William Halford Jr. Family Chair in Marketing at the Haas School of Business, UC Berkeley.
Yet in a real-life trademark infringement case involving these two brands, Colgate-Palmolive lost the suit, with the judge saying they were “similar” but not “substantially indistinguishable.”
There are often different opinions between judges and juries in trademark cases about how similar the brands in question actually are, leading to large inconsistencies in the application of the law. In a paper published February 8 in the journal Science Advances, Hsu and colleagues propose a more scientific measure through the use of brain scans—employing functional magnetic resonance imaging (fMRI) along with a specialized technique called repetition suppression (RS).
“Asking the brain, not a person, could reduce—if not eliminate—these inconsistencies,” said lead author Zhihao Zhang, a former Berkeley Haas postdoctoral researcher now on the faculty of the Darden School of Business, University of Virginia. The study’s other authors include Dr. Andrew Kayser of UC San Francisco, Femke van Horen of Vrije University Amsterdam, and Mark Bartholomew of University at Buffalo Law School.



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