Friday, September 10, 2004

3d Circuit Upholds Exclusion of Survey in Trademark Case

The Third Circuit has published an opinion upholding the district court's exclusion of survey evidence in a trademark infringement case, holding that in "reverse confusion" cases, where a larger and more powerful company has allegedly infringed the mark of a smaller and less powerful senior owner, the universe of survey respondents should comprise only the customer base of the senior owner. The court also upheld the trial court's determination that the survey suffered from methodological flaws. See Citizens Financial Group, Inc. v. Citizens National Bank of Evans City, No. 03-2868 (3d Cir. Sept. 9, 2004) (Scirica, Rosenn, & Greenberg, JJ.).

posted by pn at 10:04 AM

2 Comments:

Blogger Stewe Smithz writes ...

It is possible for trademark owners to sell, license, or transfer their intellectual property through Trademark assignment or licensing agreements, just as they would any other asset.

6:24 AM  
Blogger Harvey Specter writes ...

In order to retain control over your business and identity, you need to know about trademarks that are similar to yours, which may be registered by other companies or individuals.
Learn More: digital trademark monitoring

4:23 AM  

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Fed. R. Evid. 702: If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise, if (1) the testimony is based upon sufficient facts or data, (2) the testimony is the product of reliable principles and methods, and (3) the witness has applied the principles and methods reliably to the facts of the case.