Confusion and Infringement Analysis

In spite of all the changes that have occurred in IP litigation during the past two decades, many of the same techniques and consumer surveys are being offered to the courts to support claims of confusion, and to prove damages in infringement cases.  As sophisticated IP consultants dealing exclusively with trademarks and other intellectual property, it surprises us that such a shop-worn, traditional approach is still used so extensively.  The same standard, old-fashioned confusion surveys are still being offered up as proof to support a piece of litigation.  Even though the volume of IP litigation has risen, and even though the sophistication of the attorneys involved has certainly increased, too many so-called confusion and infringement business experts have not increased their sophistication at a concomitant pace.

Our firm recognizes there is stagnation in supporting these key litigation issues, so we began to develop new ideas and new approaches to the issues of confusion and damages.  Today we support our clients with a proprietary technique and analysis we developed.  We have refined this technique during the past 15 years, while working with leading law firms in this country and abroad.  Today, that technique, the Confusion Measurement Matrix Analysis, has proven to be a much more effective alternative to a standard confusion survey.