Legal Definitions - aided-awareness survey

An aided-awareness survey is a type of survey used in trademark cases. It involves asking people to choose from a list of options that include the desired response. For example, if a company wants to know if people are aware of their brand, they might ask survey participants to choose from a list of brands that includes their own.

However, aided-awareness surveys are often not considered reliable by courts in trademark infringement cases. This is because the survey may lead participants to choose the desired response, rather than reflecting their true awareness or opinions.

A company is concerned that a competitor's brand is too similar to their own and may cause confusion among consumers. They conduct an aided-awareness survey, asking participants to choose from a list of brands which ones they are familiar with. The list includes the competitor's brand and the company's own brand.

However, the court may not consider this survey reliable evidence, as the participants were prompted to choose from a list that included the company's brand. This may have influenced their responses and does not necessarily reflect their true awareness or opinions.