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Designing Effective Consumer Surveys in Advertising and Trademark Disputes

Recording of a 90-minute premium CLE video webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Wednesday, August 16, 2023

Recorded event now available

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This CLE will guide IP counsel on the use of surveys to demonstrate key legal issues in trademark and advertising disputes. Our panelist will provide critical, up-to-date case law developments that trial counsel and their experts need to know about on their quest to design admissible and effective survey evidence.

Description

Consumer surveys are increasingly being used in a variety of contexts in advertising and trademark litigation. Surveys are deployed to provide evidence concerning deception, materiality, likelihood of confusion, secondary meaning and more. A well-designed consumer survey can provide powerful evidence in support of a party’s claims or defenses; but there are multiple landmines and potential missteps that need to be avoided along the way.

Listen as J. Michael Keyes, Partner at Dorsey & Whitney, examines the use of surveys to address key legal and factual issues in advertising and trademark disputes. Our presenter will provide critical, up-to-date case law developments that trial counsel and their experts need to know about on their quest to design admissible and effective survey evidence.

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Outline

  1. Timing of survey evidence
  2. Replicating marketplace conditions
  3. Choosing the correct survey format
  4. Selecting survey stimuli
  5. Identifying the proper survey population

Benefits

The panelist will review these and other key questions:

  • How can counsel best utilize trademark surveys to demonstrate likelihood of confusion?
  • What steps should counsel take to ensure the survey is properly designed and formulated to achieve counsel's intended goal?
  • What are the best practices for counsel to make sure the survey results are admissible?

Faculty

Keyes, J. Michael
J. Michael Keyes

Partner
Dorsey & Whitney

Mr. Keyes is the firm-wide co-head of Dorsey’s trial group and a “go to” intellectual property and...  |  Read More

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Strafford will process CLE credit for one person on each recording. All formats include course handouts.

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