This section contains the nature of the case and procedural background.

Zippo (P) brought this action against Rogers Imports (D) after D began manufacturing cigarette lighters similar to those manufactured by P. P became aware of D's lighters when consumers began sending D's lighters to P for repairs, in the belief that P had made them. In preparing its case, P retained a market research firm to conduct a survey of consumers regarding the similarity of the lighters. In addition to offering the results of the survey in evidence, P also offered testimony regarding the methods used in conducting the survey. D objected to the admission of the survey on the grounds that it was hearsay.

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