Likelihood of Confusion Surveys

MMR Strategy Group provides likelihood of confusion surveys for trademark and trade dress infringement matters.

Our survey experts may measure likelihood of confusion using one of the following widely accepted research formats:

 

• Eveready format: Eveready confusion surveys show respondents a single trademark or product, and then ask 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.

 

• Lineup format: The Lineup format for confusion surveys shows respondents the trademarks or products of both litigants. 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.

 

There are two types of confusion in trademark and trade dress infringement matters. The first is forward confusion, in which a well-known senior user accuses a junior user of infringement. The second is reverse confusion, in which a senior user accuses a well-known junior user of infringement. MMR Strategy Group has experience measuring both forward confusion and reverse confusion in matters involving trademark and trade dress infringement.   Contact us to learn how MMR Strategy Group can help with your likelihood of confusion survey.