商標登録insideNews: Questions to Ask to Avoid Exclusion of Trademark Surveys | www.ipwatchdog.com Fed. R. Evid. 702, 403

Exclusion of Trademark Surveys

Exclusion of Trademark Surveys

Like all expert opinion testimony, an expert’s survey-based opinions in trademark cases are only admissible if they meet the standards set forth in Fed. R. Evid. 702 and Fed. R. Evid. 403.

情報源: Questions to Ask to Avoid Exclusion of Trademark Surveys

Exclusion of Trademark Surveys

Fed. R. Evid. 702
Rule 702. Testimony by Expert Witnesses
A witness who is qualified as an expert by knowledge, skill, experience, training, or education may testify in the form of an opinion or otherwise if:
(a) the expert’s scientific, technical, or other specialized knowledge will help the trier of fact to understand the evidence or to determine a fact in issue;
(b) the testimony is based on sufficient facts or data;
(c) the testimony is the product of reliable principles and methods; and
(d) the expert has reliably applied the principles and methods to the facts of the case.
Fed. R. Evid. 403
Rule 403. Excluding Relevant Evidence for Prejudice, Confusion, Waste of Time, or Other Reasons
The court may exclude relevant evidence if its probative value is substantially outweighed by a danger of one or more of the following: unfair prejudice, confusing the issues, misleading the jury, undue delay, wasting time, or needlessly presenting cumulative evidence.

Cases cited in the article:
LOUIS VUITTON MALLETIER v. DOONEY & BOURKE, INC.Exclusion of Trademark Surveys
UNIVERSAL CITY STUDIOS, INC. v. NINTENDO CO., LTD.
SUPERIOR CONSULTING SERVICES, INC. v. SHAKLEE CORPORATION
CUMBERLAND PACKING CORP. v. MONSANTO CO.

米国連邦商標法、不正競争、登録商標及び未登録商標の保護(§32, §43)

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