Resources
The Trademark Reporter
Current Issue
This issue of The Trademark Reporter (TMR) offers readers the latest in likelihood-of-confusion survey thought leadership—from a leading scholar-practitioner looking back on (and at times critiquing) his past work to a next-generation litigator and author challenging the continued reliance upon certain outdated “Why?”-type questions in surveys.
A History of the Evolution of Likelihood of Confusion Methodologies
Jerre B. Swann
Scholar-practitioner (and former Editor-in-Chief of The Trademark Reporter) Jerre B. Swann caps more than a decade’s worth of thought leadership on likelihood-of-confusion surveys with this comprehensive article reflecting upon (and at times critiquing) his past work in that arena.
Why Ask Why? A Critical Assessment of an Historical Survey Artifact
R. Charles Henn Jr.
Trial lawyer and author R. Charles Henn Jr. returns to The Trademark Reporter with this cutting-edge article challenging the continued reliance by some survey experts and courts upon “Why do you say that?”-style questions to, in turn, answer the question of whether an allegedly infringing mark is likely to cause confusion in consumers.