3d Circuit Upholds Exclusion of Survey in Trademark Case

The Third Circuit has published an opinion upholding the district court's exclusion of survey evidence in a trademark infringement case, holding that in "reverse confusion" cases, where a larger and more powerful company has allegedly infringed the mark of a smaller and less powerful senior owner, the universe of survey respondents should comprise only the customer base of the senior owner. The court also upheld the trial court's determination that the survey suffered from methodological flaws. See Citizens Financial Group, Inc. v. Citizens National Bank of Evans City, No. 03-2868 (3d Cir. Sept. 9, 2004) (Scirica, Rosenn, & Greenberg, JJ.).