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 how
survey evidence in trademark disputes is treated by courts in five different
jurisdictions. It is clear that survey evidence still has an important role to
play in trademark cases, but that its use is more strictly controlled in some
territories than others – in particular, the United Kingdom and Australia.
Common themes emerge across jurisdiction – notably, that transparency
in dealings is a laudable aim, with surveys being shared with opposing
parties before trial. Cooperation between the parties is encouraged where
possible, while courts are keen that parties avoid excessive costs in relation
to gathering survey evidence.