Contract Farming and Vulnerability to Poverty among Oil Palm Smallholders in Indonesia

This article addresses smallholder oil palm farming in Indonesia and the risk of falling into poverty by comparing contract and non-contract smallholders. We use an asset-based approach to define vulnerability and apply propensity score matching analysis to assess the impact of contract farming. Data were collected from a cross-sectional survey conducted in 2010 of 245 oil palm smallholder households, 126 of which were contract smallholders. The study finds that approximately 40 per cent of oil palm smallholders can be classified as stochastic-transient poor. We also show that while contract participation reduces the negative impact of oil palm price shocks, this is not the case for production shocks. The study concludes that despite positive income effects, contract smallholders also remain vulnerable to poverty.     

Trademark parody and the mass media: Going beyond survey evidence in the determination of “a likelihood of confusion”

This article examines trademark parody in statutory and mass media case law by, in part, analyzing several key cases which illustrate the use of quantitative social science research in the determination of trademark parody infringement. Although the definition and nature of trademark parody has not been settled definitively, courts’ attitudes toward survey evidence, particularly its probative value and materiality in the determination of copyright and trademark infringement litigation, have evolved over time. Courts now admit survey evidence if it meets certain methodological conditions. In trademark parody litigation, survey evidence pointing to a “likelihood of confusion” has evolved as the standard test of trademark infringement. However, there are questions whether vague, subjective concepts like “a likelihood of confusion” and “perception of substantial similarity” between trademarks can be adequately measured by consumer surveys. It is argued that multi‐method research which has both quantitative and qualitative aspects would provide more reliable data than the “one‐shot” surveys or case studies that are widely used in settling trademark infringement cases.