Companies in a number of industries are involved in the creation of what we refer to as “design-sensitive” technologies. By this, we mean technological products, such as computer devices, high-end athletic shoes, smartphones, and cars, in which design and functional utility both play a...

Strategies based in behavioral economics have quickly gained major importance in shaping public policy, most notably in the form of "nudges" that promise to promote, but not to force, socially-productive choices at low cost. Nudging interventions typically presume some asymmetry of...

Nearly every important issue in trademark litigation turns on the question of what consumers in the marketplace subjectively believe to be true. To address this question, litigants frequently present consumer survey evidence, which can play a decisive role in driving the outcomes of disputes....