Forward confusion occurs when consumers believe that goods bearing the junior mark come from, or are affliliated/associated with, or are sponsored/approved by, the senior mark holder. By contrast, reverse confusion occurs when consumers dealing with the senior mark holder believe that they are doing business with the junior mark holder.
One way to determine whether there is a likelihood of confusion, and if so to what degree, is by conducting a survey among the relevant consumers.
There are two types of likelihood of confusion surveys: Eveready and Squirt-style.
In an Eveready survey format, the senior user’s mark or trade dress is not shown to survey respondents as part of the survey and is assumed to be known to most of the relevant consumers and thus already in mind. Instead, respondents are just shown the (allegedly) infringing trademark or trade dress and asked a series of questions regarding who they believe makes or puts out the product or service at issue or who the product or service might be affiliated with.
By contrast, the Squirt-style format shows both parties’ trademarks and asks a series of questions as to whether the survey respondents believe there is an affiliation or connection between the products or the companies that put them out.
Ms. Harper has conducted hundreds of trademark and trade dress surveys. She is an expert in how to prepare or rebut a likelihood of confusion survey.
Ms. Harper ensures that she selects the correct universe and the most appropriate methodology. She uses state-of-the art survey tools, hosting platforms, and works with only the best-in-class sample companies.
Ms. Harper has also successfully provided multi-factor analyses to support or refute a likelihood of confusion allegation. She uses her marketing experience both as a Fortune 500 chief marketing executive as well as an adjunct marketing professor to address each factor and form her opinion.