The admissibility of a survey and selection of a proper survey format depend on the survey's approximation of the actual marketplace conditions in which the products or services at issue are encountered by consumers as measured by the various parameters discussed above. Importantly, the unpredictability of consumer behavior on the Internet makes selection of a survey for products or services sold online particularly challenging and trademark litigants should be mindful of case law admonishing a survey's artificial restriction of such behavior.
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