funny survey typo doesn’t invalidate confusion survey

Pinder v. 4716 Inc.,
2020 WL 6081498, No. CV-18-02503-RCC (D. Ariz. Oct. 15, 2020)

This strip club
right of publicity-etc. case is mostly as plaintiff-favorable as
others coming out of Arizona. The notable thing: the court says the
survey here is fine, despite various criticisms leveled in similar cases, and
despite a possibly significant spelling error: “The question asked the
participant to indicate his or her strangest impression about the
advertisements, when it should have asked for the participant’s strongest
impression” (emphasis added). This was merely a challenge to “technical
inadequacies,” not to admissibility.

from Blogger

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