Case: Unfair Competition/Expert Testimony (M.D. Fla.)

Thor Fiber Inc.'s motion to exclude the report and testimony of Pro Video Instruments LLC’s expert, in PVI’s unfair competition action, was granted by a federal district court in Florida. The court noted that the expert was retained to conduct a consumer survey to determine whether there is evidence of confusion between PVI’s TV modulator and the modulator marketed by Thor. But the court found that the expert’s survey did not include any of the trademarks at issue, because the expert removed them from the pictures of the PVI products and did not include the Thor product names/marks in the ...