Trademark Confusion And The Confusing Eveready Survey

Law360, October 23, 2018

In trademark and trade dress disputes, much rides on determining the likelihood of confusion between the marks in question. To measure this likelihood, the Eveready trademark and/or trade dress survey has been a widely accepted litigation survey design for over 40 years. It is known for its format's simplicity and standardization. However, there is much continued debate regarding its applicability in cases where consumer awareness is critical.

In a recent article published by Law360, “Trademark Confusion And The Confusing Eveready Survey,” the coauthors – including Managing Principal Rebecca Kirk Fair – discuss several case examples that illustrate the unpredictable admissibility and relevance of Eveready surveys in trademark and trade dress disputes. 

Read the Law360 article


Kirk Fair R, Cacciola S, Hadley M