Survey Data as Evidence in Trademark Infringement Cases

Abstract

➤There are still many basic, unresolved issues with respect to the status of survey data as legal evidence. In cases involving unfair trade, particularly alleged trademark infringement, public opinion surveys exist as an attractive, logical basis for making a decision. Increasingly, litigants have attempted to introduce such data, often with quite unpredicted and unexpected results. Evaluation is made of major survey research problem areas in terms of their legal significance. The article is designed to acquaint the survey research specialist with some of the practical and conceptual problems encountered in preparing survey data for court.