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Best Practices for Using Survey Research in Trademark and Trade Dress Disputes
Intellectual Property Law Section; Trademark Interest Group
Consumer surveys are a commonly accepted form of evidence in Intellectual Property disputes involving trademarks and trade dress. Surveys are used to address a variety of questions including whether there is a likelihood of confusion between two marks, whether a mark has achieved secondary meaning, whether a mark is generic, and whether a mark is well-known enough to be considered famous. In order for a survey to provide valid and reliable answers to such questions, the survey needs to be properly designed.
In this webinar, Drs. Melissa Pittaoulis and Molly Sapia will:
Provide an overview of the different uses of consumer surveys in Intellectual Property disputes;
Review best practices for survey design;
Discuss common pitfalls that can jeopardize the admissibility or weight given to a survey;
· Offer practical tips for working with survey experts, such as the timing of when to engage a survey expert.
1 Participatory MCLE Credits
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