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With ever increasing amounts of marketplace information, confusion is becoming a problem for consumers and marketers, yet the topic remains under researched. This paper explores the dimensions of consumers' general tendency to become confused and its relevance for marketing practitioners. A three component conceptual model of confusion is developed, operationalised and validated using a sample of 264 consumers. Using structural equation modelling, the results support the three dimensions of similarity, overload and ambiguity which have a significant impact on decision postponement and loyalty behaviour. Implications for marketing management and theory are discussed. [ABSTRACT FROM AUTHOR]

In actions for trademark infringement and passing off, judges determine subjectively the existence, or likelihood, of marketplace 'confusion'. In arriving at a ruling, a court may rely upon evidence from witnesses, secondary documents (e.g. letters of complaint) and market research, but this is not obligatory. The legal treatment of evidence is coloured by an awareness that many forensic criticisms can be made of the overall standard and effectiveness of structured questionnaire surveys. For example, surveys (1) are frequently badly worded, or poorly executed, (2) prove of no relevance to the action, or produce evidence that helps the other side, and (3) are expensive. The judiciary has expressed a preference for certain types of surveys and set out 'good' market research practice guidelines with which researchers must comply. Here, we examine the problems underlying these criticisms and discuss their market research implications. [ABSTRACT FROM AUTHOR]

The Malay corpus shows that the verb 'sampai' (arrive) can occur with the preposition 'ke-' as in 'Sharifah Aini mahu segera sampai ke kampung itu' (Sharifah Aini want to arrive at the village immediately). 'Sampai" can also occur with the preposition 'df - as in 'Nisa terbangun ketika sampai di Tanjung Malim.' (Nisa awoke when she arrived at Tanjung Malim). Based on data in the corpus, it is discovered that 'sampai' occurs in two locative preposition patterns which are locative direction preposition (ke) and locative position preposition (di). 'Sampai-ke' occurs as an accomplishment (which has the features + duration and + telic), meanwhile 'sampai- di' occurs as an achievement (which focuses on felicity). Accordingly, this paper will examine the emergence of locative preposition patterns with 'sampai'. It will determine whether the verb 'sampai' is classified as an achievement verb or an accomplishment verb. Data is amassed from two novels, titled Buih and Nani. Data from both novels were electronically recorded and inputted into the Dewan Bahasa dan Pustaka (DBP) Malay corpus data base. The analysis will be based on the aspectual features of the verb focusing on the Aktionsart s representation decomposition classes (Van Valin, 1997, 2005). This paper will further explain the situation that 'sampai di-' and 'sampai ke-' can occur in sentences. It also concludes that 'sampai' should occur with the locative preposition 'di', not with the preposition 'ke' based on the semantics properties of the verb 'sampai' as an achievement. [ABSTRACT FROM AUTHOR]

In the advent of becoming a modem nation, it is typical that achievement will be measured through power rankings and material fulfilment. One of the most important elements that most people forget is that the true meaning of happiness will define a strong soul in confronting greater challenges in life. Happiness is an area that is mostly subjective. However, that is the major centre of discussion in Disnman's play, It Is Not A Suicide. In this play, the main character is going through a traumatic experience whereby Adam is trying to redefine the meaning of happiness using his own interpretations. This paper focuses on Dinsman's absurd theatre style which is prominent in this play. His experiments had successfully highlighted a situation that portrays the weaknesses of humans when the concept of happiness had been misperceived. The confusions become the central thrust of the entire play, where meaning of life is questioned. The painful situation portrayed in the play reflects that humans live in a superficial, empty and meaningless life. The issues raised by the playwright had called for a special attention that the Malay Muslim perception of the concept of happiness should be realigned according to the Islamic teachings specifically. Hence, it becomes an important aspect that should be discussed at the fundamental level. For the purpose of this paper, the discussion will be carried out through the lens of Naquib Al-Attas' Concept of Happiness. It is hoped that this paper will highlight some solutions that would help to guide many in understanding the importance of finding the true meaning of happiness in order to gain a well-balanced life in this present world and the hereafter. [ABSTRACT FROM AUTHOR]

The idea of “green infrastructure” has experienced a quick emergence in planning policy with little opportunity to reflect on the meanings attached to the concept by different interests. This has contributed to confusion and discomfort with the “lack of understanding” among planning practitioners in England who argue that green infrastructure could be a “corruptible concept”. Here I respond to the resistance to multiple meanings of green infrastructure by critically examining it as a contested concept. Building on the literature that positions ambiguity as unavoidable, I argue that a single precise meaning of “green infrastructure” is problematic because the concept is evolving and divided between environmental theory and socio-economic policy. By doing this, I intend to better equip practitioners in England with an understanding of the meanings attached to green infrastructure and how its ambiguity is used, so that they may secure the environmental benefits that are at risk of being isolated in green infrastructure theory. [ABSTRACT FROM PUBLISHER]

Whether garment OEM has trademark infringement action? There have been arguments in entrepreneurs, academia and judicial world, so OEM could possibly face completely different judgment when involved in such situation. Through the analysis on the theory and practices of Trademark Law, this article argues that the identification of trademark infringement should be based on the "Principle of Confusion", which means the usage of trademark should be recognized by the fulfillment of the function of trademark. Trademark legislation should take into consideration of the benefits of different parties and avoid over-protection to the owner of the trademark. Trademark legislation should maximize the maintenance of our national interests and economic security. [ABSTRACT FROM AUTHOR]

The article discusses how the four principal marketplace factors including similarity of marks, similarity of products, strength of the senior mark, and market proximity work in consumers' minds to preclude a likelihood of confusion. Confusion arises, it states, when two similar marks are in cognitive workspace for the purposes of comparison. It adds that similarity of products often enhances the likelihood of confusion.

The article focuses on the issue of whether electricity is considered as a good under the section 503(b)(9) of the Bankruptcy Code in the U.S. According to the article, bankruptcy courts have put their attention to the issue because the term "goods" has not been defined anywhere within the Bankruptcy Code. Cases that address the issue such as the case of Samaritan Alliance LLC and Pilgrim's Pride Corp. are also discussed.

Mass customization is an increasingly used strategy to create value by customizing products to customers' needs and simultaneously keeping costs low. By means of configuration tools, customers are enabled to tailor products to their individual wants and needs. This increases variety, in many cases information overload. In this study, we test a network of antecedents and consequences regarding three dimensions of consumer confusion (similarity, overload, and unclarity confusion) in mass customization. Product knowledge and usability decrease consumer confusion. Consumer confusion is negatively related to satisfaction with the product, experienced fun during the configuration process, and trust. Through these processes, consumer confusion also affects word of mouth. [ABSTRACT FROM AUTHOR]

This Article suggests that the role played by the "ordinarily prudent consumer" in trademark law should be more carefully scrutinized. Trademark infringement law's "straightforward story, " which typically justices trademark rights in terms of protecting consumers @om the harms of likely confusion and dilution, does not adequately accommodate countervailing principles and policies. This Article argues that recognizing the incapacity of the likelihood of confusion and dilution analyses to capture the empirical reality of the consumer experience should lead to assigning greater weight to countervailing policies and principles. Trademark 'fair use" doctrine provides a useful context in which to explore these ideas. The U.S. Supreme Court's approach to fair use in KP Permanent Make-Up, Inc. v. Lasting Impression I, Inc. risks valorizing consumer confusion in a context in which it should be downplayed. Moreover, the Court's holding risks constraining the analytical space available in trademark law for expression and development of policy concerns other than those that underlie trademark's straightforward story. [ABSTRACT FROM AUTHOR]

Objective: The study was conducted to estimate and to analyze the medications errors because of look-alike & sound-alike brand names confusion and prepare the list of such brand names and further to suggest methods to reduce errors arising out of such confusion. Materials and methods: The study was conducted in a general hospital in Delhi over a period of six months. The possibilities of errors because of brand name confusion was high when the staff nurses were sending drug orders to the pharmacy because these drug orders were send electronically. In the used software the brand names of drugs were displayed alphabetically and the nurse had to select the drug by clicking on it. After making the list of prescribed drugs, it is sent to the pharmacy for dispensing. The errors in the drug ordering method were assessed for six months and a list of commonly involved brand names was made which was further classified into different categories (Category 1 – Look alike drugs with same generic name, Category 2 – Look alike drugs with different generic name, Category 3 – Sound alike drugs with same generic name, Category 4 – Sound alike drugs with different generic name, Category 5 – Identical brand names with same generic name) and analyzed for seriousness on the basis of there potential to cause patient harm. Results: The occurrence of these 5 different categories in percentages was: Category 1 – 4.51%, Category 2 – 4.92%, Category 3 – 0%, Category 4 – 6.56% and Category 5 – 84.01%. Category 5 errors were most commonly seen. Further, the monthly trend for category 5 errors showed a decreasing number of errors and improvement in quality of drug order entry. Conclusion: Most commonly brand name confusion is seen with almost identical brand names for combination drugs. Such type of errors could be dangerous (e.g., in antihypertensive or hypoglycemic drug combinations). They also increase the cost of therapy and unnecessary exposure of the patient to more drugs and there side effects. Brand name confusion could be prevented by strict adherence to the hospital drug formulary. It would be a good practice to write the generic name of the prescribed drug in brackets along with the brand name. This matter requires some serious legal steps to stop the marketing of those brand names with intentional look alike and sound alike names. [ABSTRACT FROM AUTHOR]

The article discusses the trademark law's goals in online advertising. Trademark law originated from the common law of deceit. It emerged as identifiers of the particular source of particular goods, which informs the public. The core policy underlying trademark law is the prevention of confusion since its beginning. By passing accurate and reliable information from trademark holders to consumers, current trademark uses prevent confusion. It has been recognized by legal theory that restricting confusing trademark uses is a means for reaching other goals.

Explores the history and evolution of the connections between land acquisition and water with reference to the growing importance of conservation easements as a tool of the acquisition in the U.S. Tendency of early acquisitions to overlook water; Account of the confusion that can arise from combining conservation easements and water as property, most particularly in the western U.S.; Tools that might minimize the confusion; History of land acquisitions.

Focuses on the enforcement of legal actions for trademark infringement and brand confusion in Great Britain. Formulation of standard measures for marketplace confusion; Implications of legal measures for manufacturers, brand owners and legal practice; Consequences of consumer confusion.

Trademarks such as brand names may be the most important assets of many companies, but their value depends on the ability to protect them from infringement. In this research, two key tests of trademark infringement are examined: likelihood of confusion and genericness. On the basis of a conceptual analysis, the author evaluates several alternative measures of trademark confusion and genericness, including both existing and new techniques. These measures are contrasted in two large-scale field studies with about 1500 consumers. The results indicate that estimates of likelihood of confusion and genericness are highly sensitive to the particular method employed, partly because the underlying states of consumer confusion and genericness are fuzzy and not well defined. The author concludes with a discussion of the research implications for (1) our understanding of consumer trademark confusion and genericness, (2) the measurement of trademark infringement, and (3) the use of survey-based measures in public policy and legal disputes. [ABSTRACT FROM AUTHOR]

The article discusses the ruling held by the Tribunal Registral Adminstrativo of Costa Rica stating that the term VIP filed by Industria Licorera Quezalteca to cover its goods can cause confusion in consumers. It is stated by the Tribunal that the very important person (VIP) mark was incapable of registration and descriptive. It adds that the ruling of the Tribunal widens the scope of application of the Costa Rican Trademark Law, which restricts the registration of descriptive marks.

The article discusses the Australian court case Next Retail Ltd. v. Gordon Simpson Agencies Pty. Ltd. wherein Great Britain-based Next Retail opposed Gordon's application to register the trademark NeXt as it may cause confusion or may deceive consumers. It offers a corporate profile of Next, which is popular in Great Britain, however it does not have presence in Australia. A Registrar of Trade Marks delegate reportedly upheld Next's opposition due to spillover reputation.

Examines whether water should be classified as a saleable product or as part of a service rendered by a water utility in the U.S. Information on Article 2 of the Uniform Commercial Code of the U.S.; Claims of customers regarding contaminated finished water; Definition of an implied warranty of merchantability.