Abstract

Multiple forms and hazy boundaries are characteristics of the evocation offense, an unfair commercial practice that can lead a consumer to believe that a generic product possesses the same features as a product that is legally protected. In the legal field, the use of psychological concepts appears necessary to delineate its boundaries on a case-by-case basis. The various forms of evocation are here translated into the psychological domain and framed within well-established cognitive models. The legal concept of evocation appears to be analogous to the psychological concept of association, which can also be easily adapted to the different forms evocation can take. The complementarity of the psychological and the legal approach appears evident in defining the crime of evocation.