394 ANNALS NEW YORK AL'AUEMY Of SCUJXCES 



their genetic relationship. Other cases were cited in which the validity 

 of this argument lias been questioned (Miller, Bergson, McDougall, 

 Bateson). The type of argument in question was shown to have resulted 

 in various biological and philosophical enormities, and specific cases were 

 presented illustrating the ease with which the error may be committed. 

 The argument was shown to be but a particular case of the logical fallacy 

 of "affirming the consequent" and to be meaningless unless supported by 

 accessory evidence. It was urged that the inadequacy of the logic of in- 

 termediaries should be more fully realized in psychological investigation. 



Mr. Paynter: An experiment was conducted to determine the amount 

 of (-onfusion between trade-names and their imitations, and to compare 

 the results with the legal decisions. The decisions of the legally allowable 

 amount ot similarity, confusion, or deception between trade-names and 

 their imitations were rendered by judges of State and Federal Courts, 

 and by various Commissioners of Patents. Legally, a "probability of 

 deception" between the original and imitating trade-names constitutes 

 an infringement. But the phrase "probability of deception" has a varia- 

 ble meaning and has not been objectively- measured. Experiment, on the 

 other hand, can state the amount of confusion arising between two trade- 

 names by the per cent, of individuals actually deceived by the imitation. 

 Furthermore, experiment can state the reliability of court decisions by 

 calculating to what extent the scores of the infringing imitations are 

 psychologically more confusing than the non-infringing. 



Recognition was the method used. Thirty-nine cases were studied, 

 24 of which were infringements and 15 non-infringements. The aver- 

 ages, medians, modes and gi-eat per cent, of overlapping showed that the 

 difference between the infringements and the non-infringements (as 

 judged by the courts and Commissioners) Avas so small in comparison 

 with the differences within them as to make the decisions very unreliable. 

 Tn only 6 cases out of 9 which the experiment most easy to judge were 

 the decisions really correct. The results of two groups of subjects, an 

 uninformed group and an informed, both confirmed the above conclusion. 

 The application of the recognition method will constitute an enormous 

 saving in time, energy and money over the present legal procedure of the 

 courts and Patent Office. The Trade-Mark Act of 1905 and the inter- 

 pretation by the Supreme Court of the United States define an infringe- 

 ment as a "colorable imitation" or such as is "calculated to mislead." 

 These indefinite and variable meanings of infringement should be re- 

 placed by a quantitative statement of the per cent, of individuals which 

 must be deceived. 



Dr. Bean domonstrated two pieces of apparatus. The one is a balance, 



