The year is drawing to a close and as 2013 nears its end, we find it has brought its fair share of peculiar expert searches at IMS ExpertServices. Of course, we search for critical experts across the spectrum throughout the year, but we have learned from over two decades of custom expert search experience to always expect the unexpected.
Judge Richard Posner’s propensity for dicta is criticized by some, admired by others. In his recent decision in Kraft Foods Group Brands LLC v. Cracker Barrel Old Country Store, Inc., 2013 WL 6017396 (7th Cir. Nov. 14, 2013), Judge Posner does not disappoint. After affirming the district court’s grant of a preliminary injunction in a trademark infringement suit, he takes aim at the survey conducted by the plaintiff’s expert to demonstrate a likelihood of consumer confusion between the two trademarks at issue.