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A well-known footwear company created a shoe using the company's unique design. Another company mimicked the design's highly recognizable features, sparking a trademark-infringement case. The shoemaker retained NERA to test whether consumers would assume that the copied shoe's features made them think it was made by the plaintiff.
NERA designed and conducted a statistically accurate survey and found the "copycat" design did indeed lead to considerable confusion among consumers.
The case was settled in favor of the plaintiff.