Survey evidence around the world – a comparative analysis

While survey evidence has an important role to play in trademark disputes,the rules vary depending on jurisdiction. This article examines howsurvey evidence in trademark disputes is treated by courts in five differentjurisdictions. It is clear that survey evidence still has an important role toplay in trademark cases, but that its use is more strictly controlled in someterritories than others – in particular, the United Kingdom and Australia.Common themes emerge across jurisdiction – notably, that transparencyin dealings is a laudable aim, with surveys being shared with opposingparties before trial. Cooperation between the parties is encouraged wherepossible, while courts are keen that parties avoid excessive costs in relationto gathering survey evidence.

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