As you look for trademark survey companies that can help strengthen your case strategy, reach out to Keegan & Donato Consulting for clarification about consumer surveys in the Squirt / Lineup format and the Eveready format.
Keegan & Donato Consulting is a specialty research consultancy and one of the most experienced firms in the field of trademark litigation. We are highly qualified survey experts. Our methodologically sound consumer research studies and expert testimony meet the courts’ standards for design, execution, and analysis and will serve as powerful evidence in your trademark infringement case.
We design, execute, analyze, and present the results of I.P. litigation surveys that include, but are not limited to:
- Likelihood of Confusion
- Secondary Meaning
- Strength of Mark
- Acquired Distinctiveness
- Lanham Act Claims
- Consumer Perception
- Rebuttal Work
What is Confusion?
Trademark owners who claim infringement and unfair competition under the Lanhan Act, 15 USC 1114(a)(1) are usually required to establish these two elements:
- that the defendant used the registered mark in commerce;
- that the use of the mark is likely to cause consumer confusion, or to cause mistake, or to deceive.
When marks are too similar, the allegedly infringing mark may confuse consumers into buying unwanted goods or services, dilute or damage a brand’s reputation, or allow competitors to benefit from another brand’s well-known reputation. The more similar the marks are, the more likely it is that confusion and infringement will occur.
Likelihood of Confusion Survey Formats
In general, there are two commonly accepted formats for likelihood of confusion surveys:
Squirt format – Sometimes referred to as “the Lineup format,” this format shows respondents the trademarks or products of both litigants in a side-by-side comparison. It is intended to replicate marketplace conditions by showing a group of products that may be encountered in proximity in the marketplace. This format is used most often when the brands are not famous or easily recognizable.
Eveready format – This format is most effective in cases that involve popular brands, since the audience typically remembers those brands. Survey respondents are shown a single trademark or product and asked a series of questions to determine whether they associate one brand’s products or services with the other.
Deciding which format to use requires knowledge about branding, awareness, distribution, and consumer behavior. Keegan & Donato Consulting has the experience required in consumer studies to measure likelihood of confusion in trademark and trade dress infringement matters. We have worked as experts on behalf of plaintiffs and defendants in support of their litigation in state and federal courts, the Trademark Trial and Appeal Board (TTAB), the NAD, before arbitration panels, and at other specialty venues.
Keegan & Donato Consulting can help you design a likelihood of confusion consumer survey in the Squirt /Lineup format or the Eveready format. We offer the expertise you need to develop a powerful trademark infringement case strategy. Contact us at (914) 967-9421 to explore our capabilities.