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.