Legal Applications of Marketing Theory, part 1

Jacob Gersen & Joel Steckel, Harvard Law & NYU Stern, Conference IntroductionSteckel gave a talk on dilution years ago and RT tore him apart (sorry!); since then, he’s done work with Chris Sprigman to answer some of the Qs I raised and I was right (not sorry!).  Has stayed interested in legal applications of marketing theory.Saul Levmore, Chicago Law, Piece Problems: Component Valuation in Marketing and in Patent and Tort LawMarketing literature is more interesting than legal literature here.  We have analogous problems in negligence: if 3 people jointly cause harm, how do you value the harm of each?  For patent infringement: how important to the value of the overall product is one ingredient that was found to infringe?  It’s a more interesting problem than it looks b/c of worries about over- and underdeterrence. Or a case in which someone patents playing a song on each floor of a parking garage so they can remember which floor…

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