Trademark disputes can be complex legal battles that often require substantial evidence to support a case. Trademark owners trying to protect their intellectual property from infringement must gather convincing arguments and present them in a compelling manner. Using rebuttal surveys is a very effective tool in trademark cases, and Keegan & Donato Consulting can help.
We serve attorneys in state and federal courts, before arbitration panels, the TTAB, the NAD, and other specialty venues. Mark Keegan and Tony Donato offer more than 30 combined years of proven survey methodologies, deep operational insight, and broad industry experience.
Mr. Keegan’s background in litigation on behalf of clients that involves marketing, economics, business, and financial issues, together with Mr. Donato’s background in research, survey design and execution, strategy, and data analysis, create a complementary blend of strategic and analytical skills.
We can quickly deliver intelligence within a wide range of budgets.
Understanding the Importance of Rebuttal Surveys
Evidence plays a crucial role in determining the outcome of trademark cases. Rebuttal surveys offer a valuable opportunity for trademark owners to challenge the opposition’s claims and present their own evidence. By conducting a rebuttal survey, trademark owners can offer a different perspective and alternative evidence that may undermine the credibility of the opposing party’s survey findings and weaken the opposing party’s case.
How Rebuttal Surveys are Used in Trademark Infringement Cases
In trademark infringement cases, surveys are commonly used to establish consumer confusion, a key element in proving trademark infringement. However, surveys conducted by the opposition may not always accurately represent the reality of consumer perception.
Rebuttal surveys allow trademark owners to challenge the opposition’s findings by conducting their own surveys. These surveys can gather evidence supporting the trademark owner’s position and undermining the opposing party’s claims of consumer confusion.
It is important to note that rebuttal surveys should be carefully designed to address the specific issues raised by the opposition’s surveys. This requires a deep understanding of the case, the survey methodology used by the opposition, and the legal standards for survey evidence in trademark cases. The experts at Keegan & Donato Consulting can help you refute an adversary’s survey evidence by providing guidance about possible flaws and weaknesses in the survey.
Case Study: Successful Use of Rebuttal Surveys in Trademark Cases
To illustrate the power and potential of rebuttal surveys in trademark cases, let’s examine a case study where a rebuttal survey played a crucial role in the outcome of the dispute.
In Louis Vuitton Malletier S.A. v. Haute Diggity Dog, LLC. – 507 F.3d 252 (4th Cir. 2007), Louis Vuitton, the plaintiff and well-known fashion brand, sued the defendant, Haute Diggity Dog, a company that produces dog toys that resemble famous luxury handbags, for trademark infringement, claiming that the dog toys were too similar to its own products and would cause consumer confusion.
The defendant argued that its products were a parody and that consumers would not mistake its toys for genuine Louis Vuitton products. They presented rebuttal survey evidence to argue that consumers were not likely to be confused between their products and Louis Vuitton products.
The court ultimately favored Haute Diggity Dog, holding that its products were clearly intended as parodies and that consumers would not mistake them for genuine Louis Vuitton products. The court cited the survey evidence as a crucial factor in its decision.
In trademark cases, using rebuttal surveys can significantly impact the strength and outcome of a dispute. If you are involved in such a dispute, carefully using this valuable tool can make a significant difference in the strength of your arguments and increase your chances of success in court. Contact Keegan & Donato Consulting at (914) 967-9421 to explore our affordable services.