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Consumer Law

: 43(B)log

funny survey typo doesn't invalidate confusion survey

By Rebecca Tushnet

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Pinder v. 4716 Inc., 2020 WL 6081498, No. CV-18-02503-RCC (D. Ariz. Oct. 15, 2020)

This strip club right of publicity-etc. case is mostly as plaintiff-favorable as others coming out of Arizona. The notable thing: the court says the survey here is fine, despite various criticisms leveled in similar cases, anddespite a possibly significant spelling error: ?The question asked the participant to indicate his or her strangest impression about the advertisements, when it should have asked for the participant?s strongestimpression? (emphasis added). This was merely a challenge to ?technical inadequacies,? not to admissibility.

http://tushnet.blogspot.com/feeds/posts/default?alt=rss

Full post as published by 43(B)log on October 19, 2020 (boomark / email).

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