Effective Use of Surveys in Trademark Litigation in 2014
Overview:Use of surveys in trademark litigation has been identified as significant tool in knowing how the purchasing public perceives a mark and is an effective tool in helping attorneys navigate trademark cases faced by their companies and clients.
The Knowledge Group has assembled a team of distinguished professionals who will help you understand the most important aspects of surveys in trademark litigation. A panel of key thought leaders will present their findings and best practices in a two-hour live webcast.
This program follows and builds on the popular webcast presented in 2013.
NERA Economic Consulting
Designing a good survey:
- Universe or population
- Sampling from the universe
- Mode of data collection
- Stimuli (test and control) and replication of the marketplace
- Questions (open ended close ended - filter questions)
Winthrop & Weinstine
- Rolling up your sleeves and working with survey experts. (This will focus on generally working with an expert but also on selecting the right design, universe, and control)
- Identifying when you should get a survey
- Approximating real world conditions, can it be achieved through the Internet.
Proskauer Rose LLP
- Trademark Infringement Surveys: Eveready versus Squirt methodologies. Is one method better?
- Trademark Dilution Surveys: Is there any method that has widespread court acceptance?
- Secondary Meaning versus Fame Surveys. How do they differ and how are they similar?
Goldman Sloan Nash & Haber LLP
- “Confidence in survey evidence has been eroded in Canada. The Supreme Court of Canada has said that trial judges should question the necessity and the relevance of survey evidence and encourage parties to consult at the case management stage to decide whether survey evidence would be useful to the court. However, notwithstanding the admonishment survey evidence continues to be accepted by the courts although care must be taken in the way it is presented. At the same time new rules have been introduced relating to the presentation of expert evidence. As a number of cases show these rules have become traps for the unwary.”
Who Should Attend:- General Counsel
- In house counsel (Public & Private)
- Senior Corporate Management
- Senior Counsel
- Senior Executives
- Senior Management
- Advertising/Marketing Officers
- Brand Managers
- Marketing and Advertising Professionals
- Marketing executives
- Marketing Officers
- Copyright Lawyers
- Intellectual property
- IP and Copyright Consultants
- IP and Related Attorneys
- Trademark Lawyers
Ms. Butler is an expert in survey research, sampling, market research, statistical analysis, and database analysis. She has applied her expertise in a wide range of projects and litigation cases. In the area of intellectual property, she has focused on survey research and analysis related to trademarks, patents, and false advertising including surveys to establish likelihood of confusion, secondary meaning, and dilution. In the antitrust area, she has designed and evaluated surveys offered to estimate market shares and as evidence of cross shopping behaviors. She has also reviewed secondary market research, with a focus on evaluating its reliability as evidence in antitrust analyses. In antitrust, as well as the areas of water and the environment, Ms. Butler has designed and evaluated complex willingness to pay and hypothetical choice surveys.
In mass torts, her experience includes asbestos, tobacco, and pharmaceuticals. She has worked extensively with large databases of claims files to generate invoices, estimate future liabilities, and calculate policy shares for insurer liabilities. Ms. Butler has also examined demographic and epidemiological data for pharmaceutical litigation. She has conducted surveys of consumers, physicians, and IT professionals, and has designed samples using insurance records, legal documents, real estate transactions, and radio play lists.
Prior to joining NERA, Ms. Butler worked in market research, conducting survey research, focus groups, and in-depth interviews.
Ms. Butler is an expert in survey research, sampling, market research, statistical analysis, and database analysis. She has applied her …
Bradley Walz is a shareholder in Winthrop & Weinstine’s intellectual property group. He is deeply experienced in all aspects of trademark and copyright law including trademark opposition and cancellation proceedings before the Trademark Trial and Appeal Board and with trademark, unfair competition, copyright, and cybersquatting litigation in federal district court. In addition, he represents technology companies on a broad range of complex and strategic legal and business matters relating to cloud computing, software development and distribution, open source software, and data security and privacy.
Mr. Walz has been recognized as a “Rising Star” by Super Lawyers, and is a frequent author, speaker and lecturer on trademark and cloud computing issues.
Bradley Walz is a shareholder in Winthrop & Weinstine’s intellectual property group. He is deeply experienced in all aspects of …
Brendan O'Rourke is a nationally recognized Trademark and Advertising litigator. He is partner and co-chair of Proskauer’s Litigation Department, as well as co-head of the False Advertising & Trademark Group. Brendan is a “go to” first-chair trial lawyer who has as much trial experience in the Trademark and False Advertising field as any top lawyer in the country. He provides day-to-day trademark, false advertising, and Lanham Act counseling to Fortune 500 companies, sports & entertainment industry clients, as well as start-ups and entrepreneurs. His experience includes all phases of trademark and false advertising counseling and litigation, including complex issues involving consumer survey research and claim substantiation, and inter parties proceedings before the U.S. Trademark Trial and Appeal Board and the Federal Circuit. Brendan is recognized by Chambers USA for both his trademark and advertising litigation practice, and Institutional Investor Magazine’s Benchmark Litigation survey recognized Brendan as one of New York State’s “litigation stars.” He has chaired INTA's Leadership Meeting, Advanced Forum on the Trademark Law and Revisions Act, INTA's third annual "Trademarks in Cyberspace" forum, and other prominent trademark law conferences. Brendan received his JD from Fordham University School of Law and his BA, cum laude, from Boston College.
Brendan O'Rourke is a nationally recognized Trademark and Advertising litigator. He is partner and co-chair of Proskauer’s Litigation Department, as …
John focuses on providing advocacy and advice concerning intellectual property and related matters, including protecting trade marks, copyrights, patents, confidential information and misleading advertising claims under the Competition Act. He is certified by the Law Society of Upper Canada as a specialist in Intellectual Property Law (Trade Marks/Copyright). He is currently the Chair of the Canadian Bar Association Trademarks Committee.
John is the author of two textbooks dealing with trademarks, Brand Management in Canadian Law (1st Edition, 2004; 2nd Edition, 2006; 3rd Edition, 2010) and Canadian Intellectual Property Law and Strategy: Trademarks, Copyright and Industrial Designs. (A 2nd edition was published in September, 2013).
John is also the author of Fox, Canadian Law of Copyright and Industrial Designs (3rd Edition, 2000; 4th Edition, 2003), the leading copyright textbook in Canada. The 4th edition has been released in a loose leaf format. John and the text have been referred to by both the Supreme Court of Canada and the Federal Court of Appeal as an authoritative source.
John focuses on providing advocacy and advice concerning intellectual property and related matters, including protecting trade marks, copyrights, patents, confidential …
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About NERA Economic Consulting
NERA Economic Consulting (www.nera.com) is a global firm of experts dedicated to applying quantitative principles to complex business and legal challenges. For over half a century, NERA's experts have been creating strategies, studies, reports, expert testimony, and policy recommendations for government authorities and the world’s leading law firms and corporations. NERA brings academic rigor, objectivity, and real world industry experience to bear on issues arising from competition, regulation, public policy, strategy, finance, and litigation.
Clients value NERA’s ability to apply and communicate state-of-the-art approaches clearly and convincingly, NERA’s commitment to deliver unbiased findings, and its reputation for quality and independence. With its main office in New York City, NERA serves clients from more than 25 offices across North America, Europe, and Asia Pacific.
About Winthrop & Weinstine
Winthrop & Weinstine, P.A., is a dynamic and growing law firm focused on building strong client relationships through responsiveness, innovation and creativity. The firm enjoys steady growth by meeting the diverse needs of its clients from individuals and emerging-growth businesses to Fortune 500 companies in an impressive array of industries throughout the Twin Cities and nationally.
About Proskauer Rose LLP
Proskauer is a global law firm with 700+ lawyers active in major markets worldwide. Our nationally-recognized and interdisciplinary Intellectual Property practice is a high end practice with particular strength in trademarks, advertising, patents and copyrights. In 2014, we were one of a select group of firms named in the National Law Journal’s annual “IP Hot List.” We have also been named a “Go-To Law Firm®” for Intellectual Property, one of an “exclusive group of firms that deliver exceptional work for the FORTUNE 500®,” according to publisher American Lawyer Media. We are ranked Tier 1 by Chambers for our Advertising Litigation Practice. We are recognized not only for our legal excellence, but also our dedication to client service.
About Goldman Sloan Nash & Haber LLP
For more than 35 years, Goldman Sloan Nash & Haber (GSNH) LLP has helped leading businesses, entrepreneurs and individuals successfully navigate the maze of corporate & commercial law to help protect and grow their businesses. Our mid-sized law firm is based in downtown Toronto, Ontario, Canada and provides advice across all major practice areas including Intellectual Property. As a mid-sized law firm, we are committed to providing the personalized service of a boutique law firm with the sophistication of a larger law firm.