IPWatchdog.com Publishes Analysis Group Article on the Role of Survey Evidence in Trademark and Trade Dress Litigation
September 20, 2021
IPWatchdog.com has published an article by Vice President Peter Hess, Senior Analyst Genna Liu, and Analyst Hana Dai on the important role that consumer surveys play in courts’ consideration of evidence in trademark and trade dress cases. In “What Recent Case Law Tells Us About the Importance of Consumer Surveys in Trademark Cases,” the authors explain the different factors that courts typically consider when assessing consumer confusion and secondary meaning, and quote from a number of rulings to illustrate the potential consequences of failing to proffer compelling survey evidence. They note that “[w]hile the absence of a survey demonstrating market confusion and/or secondary meaning is not necessarily fatal, it presents a significant hurdle to overcome…. When a survey is not used, other evidence must bear more weight to persuade the court.”