Zippo Manufacturing Co. v. Rogers Imports, Inc.

Zippo Manufacturing (plaintiff) makes a well-known line of pocket lighters. Rogers Imports (defendant) began selling pocket lighters closely resembling Zippo's, and Zippo sued for unfair competition, which required proving consumer confusion. Zippo hired a firm to survey consumers, showing them a pocket lighter and asking who they thought made it; one survey found that 34.7 percent of respondents thought a Rogers lighter was made by Zippo. Rogers objected to admitting the surveys as hearsay.

Whether consumer surveys are admissible evidence to prove consumer confusion despite being hearsay.