Handbook of Marketing Analytics
Methods and Applications in Marketing Management, Public Policy, and Litigation Support
Edited by Natalie Mizik and Dominique M. Hanssens
Chapter 35: Survey evidence to evaluate a marketing claim: Skye Astiana, Plaintiff v. Ben & Jerry’s Homemade, Inc., Defendant
Alan G. White and Rene Befurt
Abstract
We discuss the use of regression analysis to evaluate harm in a breach of contract case involving allegations that the licensor of a product failed to use commercially reasonable efforts to promote and sell the product. Regression analysis has been widely used and accepted by US courts across a large variety of different types of cases, including labor discrimination cases, antitrust cases, and intellectual property cases. In cases involving marketing issues, regression analysis is frequently used to determine the effect of promotion on sales.
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