Denimafia Inc. v. New Balance Athletic Shoe, Inc. et al., and New Balance Athletic Shoe, Inc. v. Denimafia Inc.
Analysis Group was retained by counsel for New Balance Athletic Shoe, Inc., the defendant and counter-claimant in a trademark infringement mater involving the “less is more” <=> symbol used on New Balance Minimus footwear. An Analysis Group team, led by Managing Principals Rebecca Kirk Fair and Emily Cotton, supported affiliated expert Professor Joel Steckel in designing, fielding, and analyzing an “Eveready” survey/experiment testing for reverse confusion – that is, potential consumer confusion with respect to the source, sponsorship, or affiliation of Denimafia products. </=>
In its summary judgment in favor of New Balance, the court credited Professor Steckel's survey with showing “a zero percent rate of reverse confusion with respect to the source of jeans bearing the <=> mark” and discounted Denimafia's objections to the survey design. Denimafia appealed the summary judgment decision, but ultimately did not pursue the appeal and the appellate court dismissed it.</=>