Consumer confusion and secondary meaning
Both Likelihood of Confusion and Secondary Meaning were issues in this case involving the Plaintiff’s nationally known brand of a Steak House restaurant, and the defendant’s restaurant, located in Park City Utah, a national destination ski resort. A nationally representative sample of the relevant population was taken to assess evidence on the issue of consumer confusion, and an intensive marketing audit of the plaintiff was conducted, following the criteria in Union Carbide Corp. v. Ever-Ready, Inc. to assess secondary meaning. Depositions were taken, and testimony in Federal Court followed. The judgment decree cited both the consumer data and marketing audit analysis as basis for the favorable rulings for our client on both issues.
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