Peer-informed analysis on survey methodology, consumer confusion, and the evidentiary standards that govern trademark and trade dress litigation.
Assessing Point-of-Sale and Post-Sale Confusion Evidence: An Ecological Validity Framework
A six-point ecological validity framework evaluates point-of-sale and post-sale confusion evidence across universe, stimulus, cognitive, temporal, comparative, and behavioral correspondence. It integrates established survey standards to assess whether research meaningfully represents consumer confusion.
Daubert Challenges Involving Trademark Confusion Surveys
A review of 25 years of Daubert decisions involving consumer surveys in trademark litigation was conducted, examining decisions at the individual expert level. Factors raised in bringing forth Daubert motions are examined.
Demonstrating Nothing: Statistical Analyses to Indicate Low Confusion Is Present
A non-technical introduction to methods that consumer confusion is absent. This paper examines statistical methods, better suited to demonstrating that any observed confusion is negligible.