Intellectual Property
Sep. 10, 2013
Unravel the 'confusion' over hearsay in trademark litigation
Trademark litigants often seek to present testimony from their own employees regarding customers' confusion; are such statements hearsay?
Tyler J. Woods
Fisher PhillipsPhone: (949) 851-2424
Email: twoods@fisherphillips.com
USC Law School; Los Angeles CA
A key issue in most trademark cases is whether a trade name or trade dress is confusingly similar to another. To prove "confusion," litigants generally present two types of evidence: (1) one or more consumer surveys; and (2) direct evidence of actual consumer confusion. Although survey evidence can be powerful, it has many drawbacks including being expensive, easily manipulable (and therefore attackable on cross-examination), complex (and therefore often not jury-friendly), and unpredict...
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