• Skip to primary navigation
  • Skip to main content
  • Skip to footer

MMR Strategy Group

Contact us

  • Advertising Claim Substantiation
    • Claims Substantiation Surveys
    • Claim Survey Methods
    • Sensory Claims
  • Litigation Surveys and Rebuttals
    • Likelihood of Confusion Surveys
    • Secondary Meaning Survey
    • Genericness Surveys
    • Fame or Awareness
    • Likelihood of Dilution Surveys
    • False or Deceptive Advertising
    • Patent and Copyright Infringement Surveys
    • Materiality Litigation Surveys
    • Damages and Apportionment Surveys
    • Conjoint Surveys
  • Marketing Research
    • Advertising Research
    • Brand Research
    • Consumer Research
    • Research Methods
    • Sensory Research
  • Library
    • Advertising Claim Substantiation
    • Litigation Surveys and Rebuttals
    • Marketing Research
  • About MMR
    • MMR Professionals
    • Clients We Serve
    • Testimony Experience

Likelihood of Confusion

MMR Strategy Group conducts surveys to measure likelihood of confusion, or the likelihood that consumers will be confused as to the source or affiliation of a product or service, for trademark and trade dress infringement matters. Depending on the dispute, we use either the Eveready or the Squirt (lineup) formats for measuring likelihood of confusion.

We have performed numerous likelihood of confusion surveys in high-stakes litigation, and we have extensive experience testifying in support of those surveys. If you are interested in discussing how a survey can bolster your case in a trademark or trade dress matter, contact MMR.

Likelihood of Confusion Survey Graphic from MMR Strategy Group
What Are the Types of Likelihood of Confusion and How Are They Measured?

There are two types of confusion in trademark and trade dress infringement matters. The first is forward confusion, in which consumers believe that a junior user’s product or service is from or affiliated with a senior user. The second is reverse confusion, in which consumers mistakenly believe that the senior user’s product or service is from or affiliated with a junior user (often a better-known one). MMR Strategy Group has experience measuring both forward confusion and reverse confusion in matters involving trademark and trade dress infringement. The two most accepted survey formats that MMR uses are the Eveready and Squirt formats.

An Eveready confusion survey shows respondents a single trademark or product, and then asks questions to measure whether respondents associate one party with the products of the other party. The Eveready format for confusion surveys is widely accepted, in part because it simultaneously addresses a variety of factors relating to confusion, such as similarity of marks and brand strength.

The Squirt format for confusion surveys shows respondents the trademarks or products of both litigants, typically with competing products. Often, one product or trademark is shown by itself, while the other is shown in a lineup that includes other similar products or trademarks. This format replicates marketplace conditions by showing a grouping of products that appears in proximity in the marketplace, or may be encountered in rapid proximity.

Click Here to read Likelihood of Confusion Posts

Explore Our Library

Review Litigation Survey Resources

Featured Blog Article

Coach and Quince: Classic Bags Classic Trademark Infringement Dispute
Coach and Quince: Classic Bags Classic Trademark Infringement Dispute

Read More

Featured White Paper

Material Claims: Conducting Materiality Surveys for False or Deceptive Advertising Litigation
Materiality Claims: Conducting Materiality Surveys for False or Deceptive Advertising Litigation

Access Now

Featured case study

The Apple Odyssey: Apples and Apples Case Study
The Apple Odyssey: Apples and Apples Case Study

Read More

Ims Mmr Logo 2505 White Newest

16501 Ventura Boulevard Suite 601
Encino, CA 91436
(818) 464 - 2400
info@mmrstrategy.com

dashicons-twitter dashicons-linkedin

Get in touch with us

I agree to MMR Strategy Group's Privacy Policy
This field is for validation purposes and should be left unchanged.

Privacy Policy | Web Accessibility | Site Map

Copyright © 2025 MMR Strategy Group. All Rights Reserved. Developed by Tiny Frog Technologies.

This website uses cookies to improve your experience. Accept Reject All
Manage consent

Privacy Overview

This website uses cookies to improve your experience while you navigate through the website. Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. We also use third-party cookies that help us analyze and understand how you use this website. These cookies will be stored in your browser only with your consent. You also have the option to opt-out of these cookies. But opting out of some of these cookies may affect your browsing experience.
Necessary
Always Enabled
Necessary cookies are absolutely essential for the website to function properly. These cookies ensure basic functionalities and security features of the website, anonymously.
CookieDurationDescription
cookielawinfo-checkbox-analytics11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Analytics".
cookielawinfo-checkbox-functional11 monthsThe cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional".
cookielawinfo-checkbox-necessary11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookies is used to store the user consent for the cookies in the category "Necessary".
cookielawinfo-checkbox-others11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Other.
cookielawinfo-checkbox-performance11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Performance".
viewed_cookie_policy11 monthsThe cookie is set by the GDPR Cookie Consent plugin and is used to store whether or not user has consented to the use of cookies. It does not store any personal data.
Functional
Functional cookies help to perform certain functionalities like sharing the content of the website on social media platforms, collect feedbacks, and other third-party features.
Performance
Performance cookies are used to understand and analyze the key performance indexes of the website which helps in delivering a better user experience for the visitors.
Analytics
Analytical cookies are used to understand how visitors interact with the website. These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc.
Advertisement
Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. These cookies track visitors across websites and collect information to provide customized ads.
Others
Other uncategorized cookies are those that are being analyzed and have not been classified into a category as yet.
SAVE & ACCEPT