Analysis of survey evidence concerning trademark confusion

Analysis of survey evidence concerning trademark confusion


Intellectual Property

CRA was engaged to determine, using survey evidence, whether there was likelihood of confusion between two trademarks in the wine industry. CRA’s expert determined that counterparty’s expert did not use appropriate methodology to conduct the survey, resulting in unreliable findings. During the bench trial, the judge relied upon CRA expert’s opinion and gave the survey results no weight, thereby finding no evidence of consumer confusion.