Survey evidence can matter in likelihood of confusion disputes, especially at the preliminary injunction stage. In IYO, Inc. v. IO Products, Inc., the court granted IYO’s motion for a preliminary injunction after considering a consumer survey by Mark Keegan.
The defendants were IO Products, Inc., OpenAI, Inc., OpenAI LLC, Sam Altman, and Jonathan Paul Ive. The court found that the defendants criticized the survey but offered no competing consumer survey.
