Survey Critique: Exposing a Flawed Design

The Situation

The producer of a popular soft drink was unhappy with a survey that found no consumer confusion between its brand and that of a competitor whose trademark infringement it was contesting. With little time to defend its claim, the soft drink producer commissioned NERA to analyze the survey.

NERA's Role

Our analysis exposed flaws in the survey's design: the correct consumers had been omitted, data had not been gathered in the correct markets, and only one aspect of the trademark had been tested.

The Result

The survey evidence was disallowed in court and the competitor was forced to stop using its mark.