Effective Use of Surveys in Trademark Litigation
Use of surveys in trademark litigation has been identified as significant tool in knowing how purchasing public perceives a mark, thus, becoming an effective tool in helping attorneys navigate trademark cases faced by their companies and clients. Conceptualization and conducting a survey however can become complex and costly therefore proper use of your survey is highly necessary in order to avoid making potentially damaging mistakes.
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. They will also guide you in drafting suitable survey questions that can produce valuable information.
This event is a must attend for anyone interested in understanding the role of surveys as evidence and for those who would like a more in-depth look at its features and practical uses.
Dr. Kent Van Liere, Senior Vice President,
NERA Economic Consulting
- General requirements for surveys used in trademark litigation
- Overview of types of trademark surveys—likelihood of confusion, secondary meaning, dilution
- Key areas of criticisms in typical trademark surveys
- Lesson from recent cases: Apple v. Samsung, Christian Louboutin v. Yves Saint Laurent, Levi Strauss & Co. v. Abercrombie & Fitch Trading Co.
John McKeown, Counsel,
Goldman, Sloan, Nash and Haber LLP
The confidence in survey evidence has been eroded in Canada. The Supreme Court of Canada has said that trial judges should question the necessity and relevance of survey evidence and encouraged parties to consult at the case management stage to decide whether survey evidence would be useful to the Court. In the United Kingdom the practice has developed of requiring that the leave of the court be obtained before a survey is carried out or evidence relating to it is presented. This in turn has spawned a significant number of cases dealing with this issue.
It remains to be seen what will happen in Canada as a result of these developments.
Heather J. Kliebenstein, Partner,
Merchant & Gould PC
- How to handle communications with the expert, including emails and brainstorming sessions
- What information to provide the survey expert to arrive at the appropriate survey design, respondent universe, stimuli and questions
- Tips on how to get the survey design right the first time
- How to prepare the expert for deposition and trial
Dr. Van Liere is a Senior Vice President at NERA with expertise in surveys, sampling, statistics, and market research. He has testifies on the surveys in a range of intellectual property, product liability, labor and antitrust matters. Recent trademark cases including in Apple v Samsung Electronics, Rosetta Stone v Google, and Frito-Lay North America v Medallion Foods. Prior to joining NERA, Dr. Van Liere served as a Principal, President, or Senior Vice President of market research firms and was an 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 Ph.D. in Sociology from Washington State University.
Dr. Van Liere is a Senior Vice President at NERA with expertise in surveys, sampling, statistics, and market research. He …
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).
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.
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. 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 information …
Heather practices in the field of intellectual property litigation, including patent, trademark, and copyright litigation and enforcement. She has been involved in elements of civil litigation and Trademark Trial and Appeal Board proceedings, including appellate work in several circuits. Heather also specializes in trademark and copyright advising and strategy. She has experience in all phases of trademark prosecution, including the preparation of trademark clearance and availability opinions, preparation and prosecution of domestic and international trademark applications, and conducting appeals before the Trademark Trial and Appeal Board. Heather is also experienced in prosecuting copyright applications for clients, including a broad range of visual arts, literary works, architectural works and software. This work also includes the preparation and negotiation of licensing and other intellectual-property related agreements, including publishing agreements.
Heather practices in the field of intellectual property litigation, including patent, trademark, and copyright litigation and enforcement. She has been …
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About NERA Economic Consulting
NERA Economic Consulting (www.nera.com) is a global firm of experts dedicated to applying economic, finance, and quantitative principles to complex business and legal challenges. For over half a century, NERA’s economists have been creating strategies, studies, reports, expert testimony, and policy recommendations for government authorities and the world’s leading law firms and corporations. With its main office in New York City, NERA serves clients from more than 20 offices across North America, Europe, and Asia Pacific.
About Goldman, Sloan, Nash and 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.
About Merchant & Gould PC
Merchant & Gould is one of the nation’s leading intellectual property law firms and has been assisting companies of all sizes—from start-ups to Fortune 500 companies— strategically manage, protect and leverage their IP portfolios for nearly 115 years. Approximately one-half of our practice involves intellectual property litigation and trial practice. The other half involves securing, licensing, maintaining, and counseling relative to intellectual property matters. With offices in Atlanta, Denver, Knoxville, Madison, Minneapolis, New York, Seattle and Washington, D.C., M&G is positioned to partner with clients across the U.S. and in all time zones.