In the course of affirming the district court's decision in Kraft Foods Group Brands LLC v. Cracker Barrel Old Country Store, Inc., 2013 WL 6017396, Judge Posner went a step further. While upholding the injunction, he ended his assessment with some comments "for future reference" when it comes to consumer surveys offered to demonstrate consumer confusion in support of a trademark infringement claim:
THERE'S NO DOUBT that companies can benefit from workplace surveys and questionnaires. A GTE survey in the mid-1990s, for example} revealed that the performance of its different billing operations, as measured by the accuracy of bills sent out, was closely tied to the leadership style of the unit managers.
Companies are replacing paper surveys with Web-based versions that can dangerously distort the results.