matically into spheres of
economic life hitherto untouched by scientific methods. The psychology
of the influence of external forms on the conscious reactions of the
masses is so far usually considered only when, as often happens, the
most fundamental demands are violated; for instance, when objects
which are to give the impression of ease are painted in colors which
give a heavy, clumsy appearance, or _vice versa_, when book-bindings
are lettered in archaic type which makes the reading of the title
impossible for a passer-by, and in many similar antipsychological
absurdities which any stroll through the streets of a modern city
forces on us.
XXII
EXPERIMENTS WITH REFERENCE TO ILLEGAL IMITATION
It is perhaps not without interest to turn into a by-path at this
point of our road. All the illustrations which we have picked out so
far have referred to strictly economic conditions. But we ought not to
forget that these economic problems of commerce and industry are
everywhere in contact with legal interests as well. In order to
indicate the manifoldness of problems accessible to the experimental
method, we may discuss our last question, the question of packing and
of labels, in this legal relation too. All the packings, covers,
labels, trademarks, and names by which the manufacturer tries to
stimulate the attention, the imagination, and the suggestibility of
the customer may easily draw a large part of their psychological
effectiveness from without, as soon as they imitate the appearance of
articles which are well introduced and favored in the market. If the
public is familiar with and favorably inclined toward an article on
account of its inner values or on account of its being much
advertised, a similar name or a similar packing may offer efficient
help to a rival article. The law of course protects the label and the
deceiving imitation can be prosecuted. But no law can determine by
general conceptions the exact point at which the similarity becomes
legally unallowable. This creates a situation which has given rise to
endless difficulties in practical life.
If everything were forbidden which by its similarity to an accredited
article might lead to a possible confusion in the mind of the quite
careless and inattentive customer, any article once in the market
would have a monopoly in its line. As soon as a typewriter or an
automobile or a pencil or a mineral water existed, no second kind
could have access t
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