Market survey seldom accepted by Taiwanese courts in trademark litigation
Market survey as a tool to help courts determine trademark-related disputes, such as consumers’ perceptions about similarity between trademarks and similarity between goods and services, had a rough start in Taiwan when the Supreme Administrative Court in the notorious “Textwood v Apple” case started to deal with market survey in the 1980s. China Credit, which conducted the market survey, was founded in 1961, and was once ranked as the second largest investigation company in Taiwan by the journal Brain due to its long history, the biggest registered capital and the second biggest staff. The intellectual property Court has recognised China Credit as creditable survey institution in three decisions based on reasons mentioned earlier. The defendant was not against a market survey, but only asked that garment dealers and schools also be included as interviewees. The market survey eventually included a sample of 1,200 interviewees, with an extra survey targeted at garment dealers.