Likelihood of confusion exists when a trademark or trade dress causes relevant consumers to be confused as to the source or affiliation of that product or service. Confusion can take place before the sale, at the point-of-sale, or after the sale.
The courts recognize two types of confusion in trademark or trade dress:
A likelihood of confusion survey assesses whether a “reasonably prudent” consumer would be confused by the use of similar marks on competing products. If a substantial number of respondents believe that the two marks are related or affiliated in some way, then there is strong evidence of potential confusion.
Ms. Harper has extensive experience conducting surveys to measure likelihood of confusion in trademark and trade dress infringement matters. Her surveys have been submitted and accepted as evidence in litigation matters involving a broad range of products and services. A well-executed survey can help brand owners and their counsel assess whether consumers are confused, and if so, to what extent. Ms. Harper is skilled at conducting court-approved survey methods.