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10 Sep 2021, 7:33 am by Rebecca Tushnet
Lanham Act cases (primarily trademark and trade dress infringement cases) have “excluded expert opinions on customer perception—opinions such as what a word in an advertisement means, whether customers are (or are not) likely to be misled or confused by advertising, and whether customers would recognize a party’s trade dress—when the expert was an industry expert, but not a perception expert, and therefore did not base his or her opinion on a valid consumer survey or… [read post]