How to Design Effective Consumer Surveys for Trademark and False Advertising Cases: Practical Guide
Consumer surveys play an important evidentiary role in various aspects of trademark and false advertising litigation, as well as other types of cases. In trademark cases, surveys commonly are used to establish secondary meaning and likelihood of confusion. In Lanham Act advertising litigation, surveys most typically are used to prove implied falsity. And in consumer class action litigations, surveys more and more are used in opposition to motions for class certification. Finally, in various areas of the law, surveys are growing in use in the context of assessing damages or their absence.
In this two-hour LIVE Webcast, a panel of distinguished professionals assembled by The Knowledge Group will help the audience understand the important aspects of Consumer Surveys for Trademark and False Advertising Cases. Speakers will offer best practices and latest insights for this significant topic.
Key issues that will be covered in this course are:
- The Role of Consumer Surveys In Trademark and False Advertising Disputes
- Do’s and Don’ts in the Design and Use of Consumer Surveys
- Key Issues and Common Pitfalls
- Important recent survey decisions
Lawrence I Weinstein, Partner
Proskauer Rose LLP
- Introductory INFO
Jeffery A. Stec, Vice President
Charles River Associates
- Designing and setting up surveys
Dr. Kent Van Liere, Senior Vice President
NERA Economic Consulting
- Collecting data and analyzing surveys
Lawrence I Weinstein, Partner
Proskauer Rose LLP
- Returns with Legal implications
Who Should Attend:
- Advertising Attorneys
- Trademark Lawyers
- Intellectual Property Lawyers
- Advertising and Marketing Professionals
- Advertising/Marketing Officers
Larry Weinstein is a Proskauer litigation partner, co-head of the firm’s Intellectual Property Litigation Group, and also co-head of its False Advertising & Trademark Practice. He is a distinguished trial lawyer and counselor who concentrates on Lanham Act and consumer class action false advertising litigation, advertising challenges before the National Advertising Division and the National Advertising Review Board, trademark infringement litigation, and trade secret, copyright, sports, art and other complex commercial cases. His clients include medical device and pharmaceutical companies, consumer products companies, apparel retailers, and other owners and advertisers of the world’s most well-recognized brands, as well as sports governing bodies, teams and leagues.
Larry’s reputation as a preeminent litigator is recognized by the leading independent rating services, including U.S. News-Best Lawyers, Chambers USA, US Legal 500 and Benchmark Litigation. Larry is a frequent speaker on the subject of Lanham Act false advertising and trademark law, consumer class action litigation and NAD proceedings at the leading conferences on advertising and trademark law. Also a prolific author, he is the founder and an editor of Proskauer’s acclaimed advertising law blog, called Watch This Space: Proskauer on Advertising Law.
Larry Weinstein is a Proskauer litigation partner, co-head of the firm’s Intellectual Property Litigation Group, and also co-head of its …
Dr. Van Liere is a Senior Vice President at NERA with expertise in survey research, sampling, statistics, and market research. He regularly testifies on the use of surveys and sampling in a wide range of cases including anti-trust, false and deceptive advertising, intellectual property, and product liability mass torts. He has been deposed in over 50 matters and testified at trial in a matters such as Apple v Samsung (likelihood of confusion), Convolve, Inc. v. Dell Inc.(patent infringement), Frito-Lay v. Medallion Foods (trade dress confusion), McAdams v Monier LifeTile (false advertising), and People of State of California v Atlantic Richfield et al (analysis of lead paint market share).
Prior to joining NERA in 2006, Dr. Van Liere served as a Principal or President with a number of market research firms. Earlier in his career he was a tenured Associate Professor at the University of Tennessee where he taught statistics, sampling, and survey research methods at both the graduate and undergraduate levels. He has a PhD. in Sociology for Washington State University.
Dr. Van Liere is a Senior Vice President at NERA with expertise in survey research, sampling, statistics, and market research. …
As a Vice President of Charles River Associates, Dr. Stec has worked with clients in the areas of antitrust, finance, intellectual property, and survey research.
In the area of intellectual property, Dr. Stec has conducted economic and econometric analyses to determine the value of intellectual property as well as the amount of economic damages resulting from patent, trademark, trade secret, copyright infringement, false advertising, and counterfeit claims.
In the area of survey research, Dr. Stec has created numerous in-person, telephone, mail, and internet surveys for various clients as well as critically evaluated surveys and survey methodologies in both litigation and non-litigation consulting engagements.
Dr. Stec has a Ph.D and M.A. in economics from the Ohio State University. He also has B.A. degrees in Economics from the University of Illinois – Chicago and in Psychology and Philosophy from Cornell University.
As a Vice President of Charles River Associates, Dr. Stec has worked with clients in the areas of antitrust, finance, …
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About Proskauer Rose LLP
Proskauer is one of the world’s leading law firms. Its False Advertising and Trademark group brings decades of collective experience to the representation of many of the world’s largest and most iconic companies. The group litigates complex and high-profile false advertising, trademark infringement, copyright, sports and entertainment cases for large multi-national corporations, emerging technology companies, sports teams and leagues and the entertainment industry. The practice has received the highest possible ratings in U.S. News-Best Lawyers, Chambers USA, and US Legal 500..
About NERA Economic Consulting
About Charles River Associates
Founded in 1965, Charles River Associates is a leading consulting firm that provides economic, financial, and strategic analysis of IP issues. Headquartered in Boston, the firm has offices internationally. We use a combination of industry experience and rigorous, fact-based analysis in order to provide clients with clear, implementable solutions to complex business problems. Whether you are making a critical IP strategy decision or assessing risk in high-stakes IP litigation, our intellectual property experts offer deep industry specialization, broad cross-functional expertise, and a proven analytical approach.