Lanham Act Survey Research

The Lanham Act, codified in part at 15 U.S.C. §1125, is the statutory basis for most trademark claims. It also covers dilution, trade dress infringement, and false advertising.

The Act turns on how consumers read, or misread, marks in commerce, so these issues lend themselves to consumer testing. A survey gives you empirical evidence to support or refute a claim and to shape your litigation strategy.

Trademark Infringement

Use of a mark in a way that violates the owner’s rights. It may mislead consumers or harm the mark’s distinctiveness or reputation.

Claims focus onThe similarity of the marks, how closely the goods or services are related, and the alleged infringer’s intent.

What a survey can showWhether the alleged infringement has a real-world effect on consumers.

False Advertising

Misleading or untrue claims about products or services that can deceive consumers and harm competitors.

Claims focus onWhether the statements are false or misleading, and whether they affect purchasing decisions.

What a survey can showHow consumers perceive the claims, whether they rely on them, and whether they are likely to be deceived.

Trade Dress Infringement

Unauthorized use of the overall look of a product or package, such as its design, shape, color, or layout, in a way that causes confusion.

Claims focus onWhether the trade dress is distinctive, non-functional, and associated with a single source.

What a survey can showWhether consumers link a particular package design to a specific brand.

Dilution

Weakening of a famous mark’s distinctiveness or reputation, even without confusion or direct competition. Blurring weakens the mark’s identity, and tarnishment harms its reputation.

Claims focus onWhether the mark is famous, and whether its distinctiveness or reputation has been weakened.

What a survey can showHow consumers perceive the mark’s distinctiveness, and whether they hold any negative associations with it.

False Designation of Origin

Presenting a product or service as coming from a particular source, which misleads consumers about origin, sponsorship, or approval.

Claims focus onSimilarities in marks, packaging, or advertising that could confuse consumers.

What a survey can showHow consumers perceive the origin of the product, and how likely confusion is.

Cybersquatting

Registering, using, or selling a domain name that is identical or confusingly similar to a trademark, with bad-faith intent to profit. These claims arise under the Anticybersquatting Consumer Protection Act.

Claims focus onWhether the domain name exploits the goodwill of the trademark.

What a survey can showWhether the domain causes confusion or misleads consumers about its association with the brand.

How much will a survey cost?

Every study is built around the needs of the case, so the cost depends on the design.