Category Archives: surveys

Reading list: TM/false advertising surveys

Trademark and Deceptive Advertising Surveys: Law, Science, and Design (ed. Shari Seidman Diamond & Jerre B. Swann, 2012): A collection of essays surveying various aspects of the law and offering the authors’ opinions on those aspects.  Of particular note: Itmar … Continue reading

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UK Court of Appeals rejects survey evidence in TM case, again

Marks & Clerk report on this latest instance, noting the effect of deprecating surveys on limiting the costs of litigation, which is extremely important in a loser-pays system.  High court opinion in Zee v. Zeebox; IPKat discussion of appeal; I haven’t … Continue reading

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Leading survey questions

A recent Australian case, Adidas v. Pacific Brands Footwear, included some comments on a standard TM survey question. I find the judge’s point quite provocative; I wonder whether American judges might agree: [R]elated to my first reason for giving the survey … Continue reading

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Posner likes trademarks, hates surveys

Kraft Foods Group Brands LLC v. Cracker Barrel Old Country Store, Inc., No. 13‐2559 (7th Cir. Nov. 14, 2013) This is a classic Posner trademark opinion, with a combination of skepticism and credulity (about his favored theory of trademark) whose … Continue reading

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Surveys in defamation cases?

Eriq Gardner at THR Esq. rightly flags this tantalizing tidbit about Tom Cruise’s pending defamation lawsuit(okay, I have a very specific definition of tantalizing; don’t judge me).  Cruise conducted a survey to figure out how readers would interpret the claims … Continue reading

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You know a survey’s been done badly

… when it produces a negative net confusion rate. Water Pik, Inc. v. Med-Systems, Inc. No. 12-1065 (10thCir. Aug. 29, 2013) Highlights: when SinuCleanse, SinuSense, and NeilMed neti pot packages were shown to survey respondents, 29 of the 198 total … Continue reading

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