14 research outputs found

    An Empirical Examination of Consumer Survey Use in Trademark Litigation

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    This Article is a comprehensive examination of the use of consumer surveys in trademark litigation cases at the federal level. Previous research has shown consumer surveys can be critical to the outcome of trademark litigation, as they measure the idiosyncratic mental associations and reactions of prospective consumers. For this Article, this study examined 843 trademark infringement and dilution cases spanning 2007 to 2017. The findings reveal consumer surveys are not utilized in trademark litigation as often as research suggests they should be. While consumer surveys are not required in trademark litigation, nor necessarily easy or inexpensive to com- mission, this study shows there are situations where it may be most prudent to produce survey evidence. This study in this Article also provides insight into the potential impact of consumer surveys on the outcome of both trademark infringement and dilution cases in sports. As instances of trademark infringement and dilution are on the rise, sports apparel brands are actively trying to defend themselves against consumer confusion. In most cases, the findings indicate plaintiffs should seriously consider conducting consumer surveys during litigation, as the potential impact of losing a trademark infringement or dilution case could cost the plaintiff its trademark and, ultimately, its brand

    Hidden Consequences: Examining the Impact of NIL on Athlete Well-Being

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    With the NCAA\u27s NIL policy changes, many athletes will likely need to solve the issue of brand management, with many of them assuming the role themselves. Taking on this role will likely lead to even more investment in their athlete identity (i.e., role engulfment), which has negative consequences for the athlete (Hatteberg, 2020). Guided by the literature on role engulfment, this article investigates the hidden effects NIL may have on collegiate athletes and their well-being, along with various branding and legal implications

    “We are the minority”: Latinx student-athletes experiences within their Predominantly White Institutions

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    Despite the burgeoning Latinx student population in the United States, a conspicuous gap exists in the academic literature, particularly within the National Collegiate Athletic Association (NCAA) context. Consequently, the central objective of this study was to redress this void by analyzing the racial experiences encountered by NCAA Division I Latinx student-athletes enrolled in Predominantly White Institutions (PWIs). To fulfill this objective, the researchers applied a qualitative phenomenological approach, seeking an in-depth comprehension of the significance of diversity practices within the distinct educational milieus inhabited by the study’s participants. Employing Latin Critical Race Theory (LatCrit) as the theoretical framework, the authors gathered data through six semi-structured interviews and supplemented this information with pertinent diversity and inclusion-related information derived from each participating university and the respective athletic programs. The study’s findings underscored the persistent issue of racial discrimination confronted by NCAA Division I Latinx student-athletes within the university setting. Remarkably, despite the extensive diversity, equity, and inclusion (DEI) trainings and councils within these institutions, Latinx student-athletes continued to grapple with racial disparities. Indeed, recurring themes from the data highlighted their significant reliance on familial support and campus resources as strategies for navigating and mitigating these challenges. In light of a substantial body of scholarly work that recognizes the critical importance of DEI in sport, this study serves as a poignant reminder of the pressing need for further academic and practical endeavors aimed at effectively addressing racial disparities

    Potentially Misleading Weight Loss Advertisements Targeting Men: Examining Influence of Celebrity Athlete Endorsement on Ad Believability and Purchase Intentions

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    Given the prevalence of false or exaggerated claims in advertisements for weight loss products, as well as risks associated with use of unproven dietary supplements and exercise plans, they are subject to heightened scrutiny from regulators. However, celebrity athlete endorsers are increasingly featured in advertisements promoting weight loss products targeting men. This study employed a 2x2 (athlete endorser vs. non-celebrity; plausible vs. unrealistic advertising claim) experimental design, whereby participants (n= 292) were exposed to one of four ad conditions. Results suggest the athlete endorser was perceived as more credible than a non-celebrity, being rated as more expert. Significant differences were observed in ad believability, fit perceptions, brand attitudes, and purchase intentions. Findings suggest, the presence of a celebrity athlete endorser made weight loss advertisements more believable to consumers, even when ads contained obviously false claims. Given the health risks associated with certain weight loss behaviors and supplements, the impact of celebrity endorsers on consumer choices is important. Implications for potential consumers, regulators, and celebrity athlete endorsers are discussed

    “We are the minority”: Latinx student-athletes experiences within their Predominantly White Institutions

    Get PDF
    Despite the burgeoning Latinx student population in the United States, a conspicuous gap exists in the academic literature, particularly within the National Collegiate Athletic Association (NCAA) context. Consequently, the central objective of this study was to redress this void by analyzing the racial experiences encountered by NCAA Division I Latinx student-athletes enrolled in Predominantly White Institutions (PWIs). To fulfill this objective, the researchers applied a qualitative phenomenological approach, seeking an in-depth comprehension of the significance of diversity practices within the distinct educational milieus inhabited by the study’s participants. Employing Latin Critical Race Theory (LatCrit) as the theoretical framework, the authors gathered data through six semi-structured interviews and supplemented this information with pertinent diversity and inclusion-related information derived from each participating university and the respective athletic programs. The study’s findings underscored the persistent issue of racial discrimination confronted by NCAA Division I Latinx student-athletes within the university setting. Remarkably, despite the extensive diversity, equity, and inclusion (DEI) trainings and councils within these institutions, Latinx student-athletes continued to grapple with racial disparities. Indeed, recurring themes from the data highlighted their significant reliance on familial support and campus resources as strategies for navigating and mitigating these challenges. In light of a substantial body of scholarly work that recognizes the critical importance of DEI in sport, this study serves as a poignant reminder of the pressing need for further academic and practical endeavors aimed at effectively addressing racial disparities
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