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Trademark Survey: The Case of the Copycat
The Situation
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's Role
NERA designed and conducted a statistically accurate survey and found the "copycat" design did indeed lead to considerable confusion among consumers.
The Result
The case was settled in favor of the plaintiff.