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Survey Evidence in Intellectual Property (and other) Litigation

Legal CLE

Survey Evidence in Intellectual Property (and other) Litigation

Live Webcast Date: Thursday, June 09, 2016 at 2:00 pm - 3:00 pm (ET)
LegalRecording

Consumer surveys are one of the most powerful tools available in trademark or trade dress infringement cases, deceptive advertising, class action cases, and many other types of litigation. Yet despite the success of surveys in bringing about favorable settlements, many attorneys are still not familiar with the basics of consumer surveys and how they can be used.

Please join Applied Marketing Science (AMS) for a one-hour webinar where we will discuss the use of survey evidence in intellectual property litigation. This webinar will focus on how survey research can be an effective tool for attorneys when advising clients on how to navigate through complex Lanham Act cases.

Webinar topics will include:

  • Advantages of conducting survey research
  • Typical applications of surveys in litigation
  • Important issues to factor when designing a survey
  • Cases where surveys were considered a critical piece of evidence

Who Should Attend

  • Trademark Litigators
  • Trademark Attorneys
  • IP Consultants and Experts
  • In House Counsel
  • Corporate Counsel
  • Other Related/Interested Professionals

Faculty

Brian M. Sowers

Brian M. Sowers
Principal
Applied Marketing Science, Inc.

Caroline C. Otis, Ph.D.

Caroline C. Otis, Ph.D.
Associate Principal
Applied Marketing Science, Inc.

Marcello Santana, Esq.

Marcello Santana, Esq.
Manager
Applied Marketing Science, Inc.

Click Here to Read Additional Material

  • Beginning History of Surveys in Litigation (Marcello Santana 2 minutes)
  • Applications of Surveys in Litigation (Marcello Santana 8 minutes)
  • Critical Issues to Consider (Marcello Santana 7 minutes)
  • Case Lineup
    • Trade Dress Confusion – Louboutin v YSL (Marcello Santana 7 minutes)
    • Secondary Meaning – Hershey Chocolate Bar (Caroline Otis 7 minutes)
    • Trademark Dilution – The Other Red Meat (Caroline Otis 7 minutes)
    • Trademark Confusion– Grandma Sycamore’s Home Maid Bread (Caroline Otis 7 minutes)
  • Survey Benefits & Economics (Brian Sowers 7 minutes)
  • Summary (Brian Sowers 3 minutes)
Brian M. Sowers

Brian M. SowersPrincipalApplied Marketing Science, Inc.

Brian Sowers is a principal at Applied Marketing Science (AMS), and leads the firm’s Litigation Support practice. He is responsible for the delivery of survey research and other marketing science initiatives to support expert testimony in civil cases. He manages the referrals and support of affiliated academic experts and supports marketing, consumer psychology and economic expert witnesses in matters in which consumer opinions and behaviors are an important determinant of liability and damages. Brian has managed case teams to provide market research in complex cases, including trademark and trade dress infringement, class action matters, false and deceptive advertising, antitrust issues and patent damages.

Brian has served as a testifying survey expert on matters related to trademark and trade dress infringement, class certification, and false advertising. He has also assisted attorneys in assessing the benefits of collecting market research data, critiquing opposing expert reports and preparing experts for deposition and trial questioning. Brian holds a B.A. in history from Roanoke College and an M.B.A. in marketing from the University of Colorado. 

Caroline C. Otis, Ph.D.

Caroline C. Otis, Ph.D.Associate PrincipalApplied Marketing Science, Inc.

Caroline Otis is an associate principal in the Litigation Support practice area of Applied Marketing Science. Caroline has extensive experience managing quantitative and qualitative market research projects relating to litigation matters. Within AMS, Caroline manages day-to-day operations for Litigation Support projects involving issues such as trademark and trade dress confusion, deceptive advertising, patent infringement and class certification. She also coordinates all aspects of a research project, including survey design, fieldwork, data analysis and report creation. Additionally, she supervises and trains analysts at AMS.

Caroline has served as a survey expert for trademark, trade dress and false advertising matters, as well as advertising claim substantiation initiatives. Caroline holds a B.A. in psychology from Williams College in Massachusetts, and a Ph.D. in psychology from the Graduate Center at the City University of New York.

Marcello Santana, Esq.

Marcello Santana, Esq.ManagerApplied Marketing Science, Inc.

Marcello has extensive experience managing quantitative and qualitative market research projects relating to litigation matters. Within AMS, Marcello works on Litigation Support projects involving trademark and trade dress confusion, trademark dilution, secondary meaning, deceptive advertising, patent infringement and class certification. He also coordinates all aspects of a research project, including survey design, fieldwork, data analysis and report creation.

Marcello holds a B.S. in business administration with a double major in marketing and management information systems from Northeastern University in Massachusetts, and a J.D./M.S. in law and mass communication with a concentration in applied communications research from Boston University. He is admitted to practice law in New York and Massachusetts.

Course Level:
   Intermediate

Advance Preparation:
   Print and review course materials

Method Of Presentation:
   On-demand Webcast

Prerequisite:
   Experience in intellectual property law

Course Code:
   145799

NY Category of CLE Credit:
   Skills

Total Credit:
   1.0 CLE

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About the Knowledge Group

The Knowledge Group

The Knowledge Group has been a leading global provider of Continuing Education (CLE, CPE) for over 13 Years. We produce over 450 LIVE webcasts annually and have a catalog of over 4,000 on-demand courses.

About the Knowledge Group

The Knowledge Group

The Knowledge Group has been a leading global provider of Continuing Education (CLE, CPE) for over 13 Years. We produce over 450 LIVE webcasts annually and have a catalog of over 4,000 on-demand courses.

Applied Marketing Science, Inc. (AMS) is a leading-edge market research and consulting firm located in Waltham, Massachusetts. Our Litigation Support practice conducts consumer surveys and provides expert witness testimony to assess consumer perceptions, behaviors and experiences for matters related to trademark and trade dress infringement, deceptive advertising, class action issues, patent infringement, claim substantiation, antitrust issues and many other types of litigation.

Website: http://ams-inc.com/litigation/

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