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Keywords

liabilityhearingtrialtestimonymotionexpert witnessadmissibility
testimonymotionwillexpert witness

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Blumenthal Distributing, Inc. v. Herman Miller, Inc., Not Reported in Fed. Supp., 2022 WL 16894844

Facts

Herman Miller Inc. filed a Daubert Motion to strike the expert surveys of Blumenthal Distributing, Inc. regarding likelihood of confusion between their chairs. The court held a pretrial conference and an evidentiary hearing where Blumenthal's expert, Brian Sowers, testified about his survey methodology. Herman Miller argued that Sowers' control chairs were infringing products and that the survey was designed to confuse the jury. Blumenthal countered that the control chairs were the closest non-infringing alternatives and that challenges to the survey's methodology should affect its weight, not admissibility.

Issue

Whether the likelihood of confusion surveys conducted by Blumenthal's expert witness should be excluded under Daubert.

Whether the likelihood of confusion surveys conducted by Blumenthal's expert witness should be excluded under Daubert.

Rule

Under Fed. R. Evid. 702, expert testimony is admissible if it helps the trier of fact understand the evidence, is based on sufficient facts, is the product of reliable principles and methods, and the expert has applied these principles reliably to the facts. The court has a gatekeeping role in determining the admissibility of expert testimony, ensuring that the expert's methods are reliable and properly applied.

A witness who is qualified as an expert by knowledge, skill, experience, training or education may provide evidence through an opinion 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. 702.

Analysis

The court found that Sowers' surveys were relevant and conducted according to accepted principles. Herman Miller's arguments regarding the surveys' methodology and design were deemed to go to the weight of the evidence rather than its admissibility. Sowers' testimony established that he independently selected control chairs that were similarly styled to the test chairs and available in the marketplace, which supported the reliability of his survey.

Herman Miller does not dispute that Sowers' experience and knowledge in creating and conducting an appropriate likelihood of confusion survey would help a jury determine whether the alleged infringing products create a likelihood of consumer confusion. See Clicks Billiards, Inc., 251 F.3d at 1258.

Conclusion

The court denied Herman Miller's motion to exclude Sowers' likelihood of confusion surveys, allowing him to testify about them.

Sowers will be permitted to testify as to his likelihood of confusion surveys.

Who won?

Blumenthal Distributing, Inc. prevailed in the motion to exclude the expert surveys. The court determined that the surveys conducted by Sowers were admissible under the relevant legal standards. The court emphasized that the challenges raised by Herman Miller regarding the methodology and design of the surveys were issues of weight rather than admissibility, allowing Sowers' testimony to be presented at trial.

Blumenthal Distributing, Inc. prevailed in the motion to exclude the expert surveys. The court determined that the surveys conducted by Sowers were admissible under the relevant legal standards.

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