Survey research supporting claims of trade dress infringement

CRA conducted a survey research study, the results of which supported the claims of trade dress infringement in the heavy haul trailer industry. CRA’s expert was asked to determine whether secondary meaning had been established for its client’s trade dress. CRA designed the survey instrument and sampling approach, collected survey data from a sample from the target population, and conducted statistical analyses to support the opinion that the plaintiff’s trade dress has acquired secondary meaning. This result led to a favorable settlement for the client including the counterparty’s agreement to cease using the infringing trade dress.