Survey submitted as evidence that the trade dress of a prescription drug has acquired secondary meaning

Applied Marketing Science (AMS) conducted an internet survey to determine whether or not the trade dress, including the shape and color, of a prescription pill functions as a trademark. The survey was conducted among individuals who have taken (or would consider taking) medication for the relevant medical condition. The majority of respondents indicated that they associated the design and appearance of the client’s product with medication from only one company. Further, the majority of those who associated the design and appearance of the pill with medication from only one company also accurately identified the brand name of the product. The survey was submitted as evidence supporting the position that the trade dress of the pill functions as a trademark.