|
Defective Trademark Survey Not Excluded Because it Might be Beneficial |
|
Written by DKD Trade ,
Wednesday, 30 June 2010
|
 Judge Dow denied without prejudice defendants' Fed. R. Evid. 702 motion to exclude plaintiff's trademark survey expert in this Lanham Act case involving plaintiff's Bobak marks. Plaintiff's eight question survey was flawed.
The survey's relevant universe was too broad.
Metropolitan Chicago residents were surveyed, not just those in the market for the parties' products. The survey was also underinclusive because it excluded businesses, a large percentage of defendants' business. Additionally, the survey asked leading questions, and did not use the parties' visual marks. Finally, the survey used only minimal controls.
For more details check out www.chicagoiplitigation.com
|
