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Villanova Professor Releases Study on Gender Dynamics in the Beer-Drinking Community

Oct 21, 2024

3 min

Earlier this month, thousands of revelers donned dirndls and lederhosen to mark Oktoberfest, the annual celebration of Bavarian fare, oompah music and, above all else, beer.


The fall festival is just one of many occasions, including happy hours, brewery tours and sporting events, where Americans enjoy the beverage. In fact, based on a recent report by the Pew Research Center, the U.S. population consumes approximately 6.6 billion gallons of beer each year, which averages out to about 26.5 gallons per adult of legal drinking age.


However, while ales, lagers and stouts remain popular choices that bring people together, not everyone feels equally included. A new study by Shelly Rathee, PhD, the Diana and James Yacobucci '73 Assistant Professor of Marketing and Business Law, highlights a gender-based divide within the beer-drinking community, with female consumers often feeling overlooked and left out.


"Due to the structure of the beer industry and marketplace, there is reason to believe that firms overproduce products that appeal to male audiences and overly communicate masculine aspects of beer consumption," says Dr. Rathee. "As a result, female consumers are made to feel (and may continue to feel) excluded by beer culture, on average. From a business standpoint, the beer industry may be limiting its total market potential in the process."


As Dr. Rathee explains, the beer industry and marketplace are predominately populated by men, and academic literature has long indicated that male dominance in a social or business setting can alter the behaviors of women in myriad ways. In her project, "The Female Consumer Response Implications of Male Dominance in a Product’s Online Community," the professor sought to understand how this trend might manifest itself in an internet forum for beer aficionados, hobbyists and critics.


By examining customer review data from the online community BeerAdvocate and conducting tests aimed at assessing gender-based differences in contributions, Dr. Rathee found that female consumers are inclined to defer to the male majority in such settings. In general, women either refrain from sharing their perspectives on products or adopt language characterized by what are commonly referred to as "masculinity themes."


"Masculinity and femininity themes were drawn from the text of the online reviews and were identified using dictionaries derived from previous research on these topics," shares Dr. Rathee. "For example, if the consumer liked the taste of the beer, a more feminine way of describing this might be 'pleasant,' while a more masculine way might be 'strong.'"


In these terms, the difference in expression might seem subtle. However, as Dr. Rathee contends, the prevalence of tens of thousands of reviews that lean toward a more masculine tone, with few offering a counterbalance, can have noticeable effects. A quick look at the beer aisle in your local supermarket reveals its impact, with bottles and cans featuring images of axe-wielding warriors, dinosaurs and gargoyles.


"We found in our research that male dominance in a marketplace leads to lower trial intentions [plans to try or buy something] and brand attitudes among women," elaborates Dr. Rathee. "Therefore, we can argue that companies are likely to produce products, and marketing appeals, that are more targeted at male audiences."


Although men are currently more than twice as likely as women to name beer as their preferred alcoholic beverage, Dr. Rathee suggests that there is potential to create opportunities that encourage more female drinkers to engage with beer culture. By fostering environments where women can express their preferences and perspectives, she believes the beer industry can become more inclusive and representative, ultimately enriching the community as a whole.


"When featuring reviews on websites, an effort to balance out the presentation of ideas from male and female voices could be helpful," Dr. Rathee says. "Special categories could also be created to drive interest based on demographic characteristics that may include gender, among other factors. A more extreme measure would be to simply avoid including gender as a reviewer characteristic that is publicly viewable."


Much like opening tents beside a beer hall, these steps could provide the necessary space and conditions for a more open and robust discussion of products to take place—to the benefit of both consumers and the industry. In the event they're increasingly pursued, that's something to which we can all raise a toast.


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Intellectual Property Law Scholar Waseem Moorad, Esq., Unwraps Crux Arguments of Smucker's Sandwich Suit

A popular on-the-go sandwich is now the subject of a mega trademark lawsuit between two food industry giants. The J.M. Smucker Company, more commonly known as Smucker's, recently filed a trademark lawsuit against grocery chain Trader Joe's over what it alleges is infringement upon its iconic billion-dollar investment: the Uncrustables sandwich. Smucker's seeks to obtain unspecified monetary damages from Trader Joe's, as well as profit from its similar product. But beyond the novelty of the sandwich suit lies a complex case built around a lesser-known morsel of trademark law, says Waseem Moorad, Esq., assistant professor of Law at Villanova University Charles Widger School of Law and director of the school's Intellectual Property Clinic. Professor Moorad, a former U.S. Patent and Trademark Office Patent (USPTO) examiner, recently discussed the actual claims of the lawsuit, and how both parties are preparing for a potential trial. Q: Since this lawsuit was filed, it has been a popular topic of public discourse, much of which has centered on the product—a crustless peanut butter and jelly sandwich—itself. Is that what this is truly about? Professor Moorad: Much of the commentary has been focused on the argument of whether Smucker's is permitted to have a monopoly of peanut butter and jelly sandwiches, or if Trader Joe's can actually infringe upon the Uncrustables product without necessarily using the actual trademarked name. While both discussions are legitimate conversations folks could have while munching on the delicious snack products, they are not necessarily the relevant legal claims at the crux of this lawsuit. Q: Before we get into what those relevant legal claims are, Smucker's has filed dozens of trademarks in its 128-year history. What sorts of intellectual property do these trademarks generally protect? PM: Most of their trademarks filed with the USPTO are registered to protect against competitors from using words, logos, slogans, symbols and other materials that are linked to the brand name of the company, its affiliates, or its respective products. Well-known examples include Smucker's, Folgers, Jif and, of course, Uncrustables. If a competing company has a brand or a product that has a similar sounding name or appearance, such as "Giff Peanut Butter," then Smucker's could sue that company for trademark infringement. That name is not only infringing upon a trademark that Smucker's has federal protection over, but also is in the same related industry (food products), within which Smucker's has protection. Q: But Trader Joe's did not necessarily infringe on any trademarked words, symbols, slogans or the like. What, then, is the basis for the claims of infringement? PM: The issue is related to a deeper subset of trademark law, specifically the concept of "trade dress." Trade dress is the intellectual property associated with the visual and aesthetic characteristics of a product or its related packaging that allows a consumer to know with whom that product or packaging is associated. For example, Coca-Cola's name, which is federally protected, is well known as a registered trademark; however, the Coca-Cola bottle, with the curvy appearance where it gets slimmer in the middle, is an example of a registered trade dress belonging to Coca-Cola. If there was no logo or word mark on the bottle, the average consumer would still be able to recognize it as a Coke bottle. There are several trademarks that Smucker's owns that are related to the trade dress of its products. Smucker's isn't alleging that Trader Joe's is copying any of the branding names of their products; they are accusing their competitor of mimicking the trade dress or aesthetic appearances, textures and characteristics of its Uncrustables products and packaging. Q: What specific trade dress trademarks are they claiming have been infringed upon? PM: There are at least two registered trademarks that Smucker's is drawing legal attention to. In 2002, Smucker's had trademarked the image of an Uncrustables sandwich that has pie-crimping indentations or marks along the circumference of the sandwich, and in 2019, the company trademarked the image of an Uncrustables sandwich with a bite taken out of it. Smucker's argument is that the Trader Joe's packaging for a similar crustless peanut butter and jelly shows an image of a sandwich with a bite taken out of it, as well as the crimping along the outer edges. Q: How does one make a legal case out of something like this? PM: In order to effectively file a trademark infringement lawsuit, the plaintiff must not only show that their federally-protected intellectual property rights are being infringed upon, but also demonstrate that as a result of this infringement, the customer or consumer is being confused. Smucker's alleges that as result of Trader Joe's actions, customers are now confused over the product and are purchasing Trader Joe's peanut butter and jelly sandwiches thinking they are actually Smucker's Uncrustables sandwiches. Smucker's is of the belief that if the Trader Joe's packaging did not show pie-like crimped edges and the image of the sandwich with a bite taken out of it, confused consumers would not have purchased the Trader Joe's products and would have instead purchased Smucker's Uncrustables. It is this argument that will be the crux of the court cases to follow. Q: Assuming this goes to trial, how will the two parties prepare and what are some of the challenges for Smucker's as plaintiff? PM: Part of the case on Smucker's end will be to gather customer feedback or testimony that demonstrates confusion in the marketplace as a result of the similar packaging and trade dress. Trader Joe's will focus on the fact that even though the packaging may be similar, there would be no reason or basis for a customer to be confused between a Trader Joe's-branded product and a Smucker's-branded product. As the plaintiff in this case, the burden shall be on Smucker's to prove the confusion element necessary to have trademark infringement. The Trader Joe's product clearly says Trader Joe's, and the chain has a marketplace reputation for selling its own products rather than other-branded products. The challenge in such a scenario will be to prove, despite this, that customers purchasing this product would still have gotten confused and either assumed that they were purchasing Uncrustables, or mistakenly believed that Uncrustables may now have a commercial relationship with Trader Joe's.

4 min

Roderick Cooke, PhD, French and Francophone Studies Professor, Shares Thoughts on Louvre Heist, Artifacts Stolen

On Sunday, October 19, at 9:34 a.m., four masked individuals surged into the Louvre’s Galerie d’Apollon from a severed, second-floor window. Hurriedly, they smashed open two display cases, seized eight pieces of jewelry, then shimmied down a ladder and sped off on motorbikes toward Lyons. In seven minutes’ time, in broad daylight, they absconded with an estimated $102 million in valuables from the world’s most famous museum. This past Saturday, October 25, French authorities announced the first arrests in connection with the daring heist. However, despite the police’s progress, the country continues to litigate the matter—embroiled in discussions of heritage, history and national identity. Recently, Roderick Cooke, PhD, director of French and Francophone Studies at Villanova University, shared his perspective on the situation as well as the artifacts lost. Q: The Louvre heist has been described as “brazen,” “shocking” and a “terrible failure” on security’s part. Is there any sort of precedent for this event in the museum’s history? Dr. Cooke: Nothing on this scale has ever happened to the Louvre since its founding as a museum during the Revolution. The closest equivalent is the 1911 theft of the Mona Lisa by a former employee who claimed it should be returned to Italy. However, that was one painting, the heist was not committed by organized crime, and the Mona Lisa did not have the renown it enjoys today. The impact of the theft was thus lower, although it did cause major outrage and a sweeping law-enforcement response at the time. Ironically, that theft is often credited with making da Vinci’s painting the global icon it continues to be. Q: What has the reaction to this event been among the French people? DC: It’s harder to get a sense of reactions across French society, because so much of the aftermath has focused on the intellectual milieux’s opinions. And in those realms, it has immediately become a political football. Individuals positioning themselves as anti-elite or anti-status quo, such as Jordan Bardella of the National Rally party, have called the theft a “humiliation,” immediately tying it to French national prestige. Former President François Hollande has conversely and vainly called for the event to be de-polemicized, citing national solidarity. This is happening because the Louvre is one of the most visible manifestations of French soft power—the most-visited museum anywhere on Earth. As such, anything attacking its integrity becomes an attack on the nation, and how individual French citizens feel about the theft is closely tied to their broader view of the nation. Q: Several of the items stolen from the Louvre once belonged to Empress Eugénie. Could you share a bit of information on her story? DC: Eugénie de Montijo was a Spanish aristocrat who married the Emperor of the French, who ruled as Napoleon III between 1852 and 1870. It was a time of authoritarian repression and sham democracy—Napoleon III installed the Empire through a coup. Its clearest legacy is that Paris looks the way it does today largely because of the thorough modernizations overseen by Napoleon III’s appointee Baron Haussmann. So, Eugénie and her now-lost jewels represent a complex point in French history, when culture and the economy developed quickly, but did so in a climate of fear for any French person who opposed the regime too loudly (like Victor Hugo, who went into exile on the Channel Islands and wrote poems savaging Napoleon III and his deeds). Some accused the Empress of being responsible for the more hardline and conservative stances taken by her husband’s government. On a different note, she was a diligent patron of the arts and arguably the most significant figure in the contemporary fashion world, famous for setting trends such as the bustle that radiated across Europe. This explains the mix of anger and admiration that followed her depending on the sphere she was operating in. A new English-language biography argues that far from being a traditionalist, she was a pioneering feminist by the standards of the time. It looks like her historical importance will continue to be debated. Q: Interior Minister Laurent Nuñez described the stolen items as “of immeasurable heritage value.” How significant of a cultural loss do you consider this theft? DC: These jewels are referred to in French as “les Joyaux de la Couronne” (the Crown Jewels), but of course that phrase lands very differently in republican France than it does across the water in the United Kingdom. The items actually represent several different dynasties of French rulers, some of whom came to power through direct conflict with others. The now-ransacked display at the Louvre smoothed over these historical divisions, for which many French people died over the centuries. President Macron referred to the stolen items as embodying “our history,” which is emblematic of the French state’s work to create a conceptual present-day unity out of the clashes of the past. At a time when France is arguably more divided than at any point since World War II, any unitary symbol of identity takes on greater significance. Q: Do you have any closing thoughts on the artifacts taken and what they represent? DC: I’d reemphasize the previous point about the smoothing effect of the museum display on the violent history that made it possible. Much of the reporting on the stolen jewels lists off the different queens and empresses who owned them, without giving readers a sense of the complicated succession of regime changes and ideologies that put those women in power in the first place. The relative stability of the last 60-odd years is an anomaly in modern French history. This set of jewels and the names of their original owners may seem far removed from the concerns of an ordinary French citizen today, but just beneath their surface is a legacy of changing governments and tensions between social classes that survives in new forms in 2025.

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