This handbook examines a wide range of current legal and policy issues at the intersection of marketing and the law. Focusing on legal outcomes that depend on measurements and interpretations of consumer and firm behavior, the chapters explore how consumers form preferences, perceptions, and beliefs, and how marketers influence them. Specific questions include the following: How should trademark litigation be valued and patent damages assessed? What are the challenges in doing so? What divides certain marketing claims between fact and fiction? Can a litigant establish secondary meaning without a survey? How can one extract evidence on consumer behavior with the explosion of social media? This unique volume at the intersection of marketing and the law brings together an international roster of scholars to answer these questions and more.

‘Gersen and Steckel have assembled contributions from leaders in consumer behavior, survey design, and litigation to provide a comprehensive review of market research fundamentals and their application in the context of litigation and government investigations. Their book explores relevant case law; provides clear examples of how to apply market research tools; and explains how empirical research, survey design, and qualitative analyses can serve as crucial evidence in examining liability, damages, and questions of common impact. It is certain to become an indispensable tool for practitioners and students of law, behavioral economics, and survey design.’

Martha S. Samuelson - CEO and Chairman, Analysis Group Inc.