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Trademark Survey: The Essence of a Cookie
The Situation
A well-known food producer found that a rival had copied the exact look of its distinctly shaped cookie. The company asked NERA to develop a trademark survey to establish patent-infringement damages.
NERA's Role
NERA designed and conducted a two-part survey to prove that the cookie's shape had an independent, recognizable meaning. The survey's "control" element distinguished between confusion and guesswork.
The Result
Our finding -- that consumers were confused precisely because of specific aspects of the cookie's trademark shape -- led to a favorable settlement for the cookie producer.