HomeWebcastImproving the Effectiveness of Your Trademark Survey Evidence: Know How to Proceed
Online CLE Trademark Survey CLE

Improving the Effectiveness of Your Trademark Survey Evidence: Know How to Proceed

Live Webcast Date: Wednesday, August 22, 2018 at 3:00 pm - 4:30 pm (ET)
CLE Intellectual Property LawRecording

Online CLE Trademark Survey

Join us for this Knowledge Group Online CLE Trademark Survey Webinar. Consumer surveys have long been relied on during a trademark infringement litigation or proceedings before the Trademark Trial and Appeal Board (the Board) and are often regarded as a direct and compelling evidence of the likelihood of confusion. It is also used as a tool in evaluating and quantifying damages relating to alleged infringement.

Since trademark consumer surveys are a critical factor in the Board’s assessment of the case, it is important that its effectiveness is ensured by bringing in reputable survey experts and using unbiased methodologies. Best practices in survey design and implementation as well as confirmatory evidence of survey results should also be developed.

Join a panel of key thought leaders and practitioners assembled by The Knowledge Group as they bring the audience to a road beyond the basics of bringing or defending against trademark infringement claims and as they delve into an in-depth analysis of the current trends and recent court rulings involving Trademark Survey Evidence. Speakers will also provide practical strategies in improving the effectiveness of Trademark Surveys, thus, bringing out the best in these lawsuits in a rapidly evolving legal climate.

Key topics include:

  • Trademark Survey Evidence: Recent Trends
  • Notable Cases
  • Improving Effectiveness of Trademark Survey
  • Litigation Strategies
  • Best Practices in Survey Design and Implementation

Who Should Attend

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

Faculty

Online CLE Trademark Survey
Jeffery A. Stec, Ph.D.
Managing Director
Berkeley Research Group, LLC
Online CLE Trademark Survey
Laura O'Laughlin
Vice President
Analysis Group
Online CLE Trademark Survey
Healey Whitsett
Senior Consultant
NERA Economic Consulting

Click Here to Read Additional Material

Online CLE Trademark Survey

SEGMENT 1:
Jeffery A. Stec, Ph.D., Managing Director
Berkeley Research Group, LLC

Elements to address in improving the effectiveness of trademark survey evidence

  • Identifying and sampling the target population
    • General population vs. targeted sub-population
      • Probability v. non-probability samples
      • Review of the case law
      • Sampling approaches
  • Experimental design principles – use of a control group
    • Rationale for use of a control group
    • Determination of the stimuli for treatment and control cells
      • Review of the case law

SEGMENT 2:
Laura O'Laughlin, Vice President
Analysis Group

A reliable, probative survey requires the expert to ask the right question, of the right people, in the right way. Focusing on the questions and on the survey instrument, an expert should:

  • Isolate the claims that the survey instrument(s) will test
  • Identify proper questions to address the at-issue claims
    • Perception -- what do consumers think?
    • Comprehension -- what do consumers understand or take away?
    • Confusion -- what are consumers mixing up, confusing, or getting plain wrong?
    • Choice -- what do consumers choose?
    • Purchase drivers -- what is the reason?
  • Tailor the question answers to the goals of the study
  • Consider what data to generate, and how to analyze it

SEGMENT 3:
Healey Whitsett, Senior Consultant
NERA Economic Consulting
  • Replicating marketplace conditions in the survey context
  • Defensible methods for presenting stimuli to survey respondents

Online CLE Trademark Survey

Online CLE Trademark Survey

Jeffery A. Stec, Ph.D.Managing DirectorBerkeley Research Group, LLC

Dr. Jeffery Stec is a Managing Director, a leader of Berkeley Research Group’s Intellectual Property practice, and a co-leader of its Economics & Damages community. He has worked extensively over the last 17 years in the areas of antitrust, finance, intellectual property, and survey research, as both a consulting expert and an expert witness. His engagements typically involve the application of economic, financial, statistical, and survey research theory to the collection and analysis of data to evaluate the economic impact of decisions made by consumers and firms. In the area of intellectual property, Dr. Stec has conducted economic and econometric analyses to determine the value of IP and the amount of economic damages resulting from patent, trademark, trade secret, or copyright infringement. He has also evaluated the effects of anticompetitive conduct as it relates to the use of IP. In the context of trademarks and trade dress, he has evaluated economic and survey research related issues with secondary meaning, genericness, dilution, and likelihood of confusion. He has also determined economic damages and evaluated survey research issues in false advertising and counterfeit claims. He has testified regarding economics, econometrics, and survey research as an expert witness in Federal Courts, State Courts, and in front of various arbitration and government entities, like the US International Trade Commission.  Dr. Stec has Ph.D. and MA degrees in Economics from the Ohio State University. He has BA degrees in Economics with a Math minor from the University of Illinois – Chicago and in Psychology and Philosophy from Cornell University.

Online CLE Trademark Survey

Laura O'LaughlinVice PresidentAnalysis Group

Laura O’Laughlin is a vice president at Analysis Group, a leading economics consulting firm that provides economics expertise and strategy to top law firms, Fortune Global 500 companies, and government agencies worldwide. Ms. O’Laughlin specializes in intellectual property and competition matters. She has worked on a number of trademark infringement and misleading advertisement cases across a variety of industries, including smartphones, airline, online technologies, retail, consumer electronics, restaurant, and insurance. She has extensive experience in the development, administration, and analysis of surveys in and intellectual property, false advertising, consumer protection, and antitrust matters. Ms. O’Laughlin regularly writes on issues related to the validity and admissibility of surveys in litigation, and is bilingual in both official languages of Canada, French and English. She received her masters in economics from the Université de Montréal.

Online CLE Trademark Survey

Healey WhitsettSenior ConsultantNERA Economic Consulting

Ms. Whitsett is a Senior Consultant based in NERA Economic Consulting’s Washington, DC office. She is an expert in survey research and methodology, statistical sampling and custom data analysis and has applied this expertise across a wide range of consulting projects and litigation cases.

In her survey research work, she has worked extensively on matters involving intellectual property disputes, including trademark, trade dress, and false advertising cases. Her trademark-related work includes designing and conducting studies to measure or establish likelihood of confusion, secondary meaning, genericness, and dilution. She is also experienced with choice-based studies designed to value patented product features.

Ms. Whitsett has also worked on mass torts and antitrust matters, for example conducting surveys to measure characteristics of a proposed class or to evaluate market share for a service. Across her survey work, she is experienced in collecting data by telephone, internet, and via in-person intercept studies of both general population audiences and specialized, difficult-to-reach individuals. Her expertise also extends to evaluating or critiquing surveys and other market research, including qualitative research such as focus groups.  

In addition, she has worked extensively with large, complex data files. She has developed sampling frames using large databases containing workers’ compensation records, health insurance transactions, views of internet videos, and various types of claims data. She is experienced in techniques for properly calculating estimates from probability samples including ratio estimation, replicate weights, and bootstrapping.

Prior to joining NERA, Ms. Whitsett worked in survey methodology in both the non-profit and government contracting worlds.

Online CLE Trademark Survey

Course Level:
   Intermediate

Advance Preparation:
   Print and review course materials

Method Of Presentation:
   On-demand Webcast

Prerequisite:
   Experience in trademark litigation

Course Code:
   147002

NY Category of CLE Credit:
   Skills

Total Credits:
    1.5 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.

Berkeley Research Group is a leading global strategic advisory and expert consulting firm that provides independent advice, data analytics, valuation, authoritative studies, expert testimony, investigations, transaction advisory, restructuring services, and regulatory and dispute consulting to Fortune 500 corporations, financial institutions, government agencies, major law firms, and regulatory bodies around the world. BRG experts and consultants combine intellectual rigor with practical, real-world experience and an in-depth understanding of industries and markets. Their expertise spans economics and finance, data analytics and statistics, and public policy in many of the major sectors of our economy, including healthcare, banking, information technology, energy, construction, and real estate. Named by Forbes as one of America’s Best Management Consulting Firms in 2017, BRG is headquartered in Emeryville, California, with offices across the United States and in Asia, Australia, Canada, Latin America, the Middle East, and the United Kingdom.

Website: https://www.thinkbrg.com/

Analysis Group is one of the largest economics consulting firms, with more than 850 professionals across 14 offices in North America, Europe, and Asia. Since 1981, we have provided expertise in economics, finance, health care analytics, and strategy to top law firms, Fortune Global 500 companies, and government agencies worldwide. Our internal experts, together with our network of affiliated experts from academia, industry, and government, offer our clients exceptional breadth and depth of expertise.

Website: https://www.analysisgroup.com/

With offices across North America, Europe, and Asia Pacific, NERA is widely recognized as a leading global provider of expertise in intellectual property economics. Our deep understanding of markets across industries and regulatory environments where IP plays a role enables our consultants to provide accurate, independent, and thorough analysis to law firms and companies around the world.

NERA experts apply rigorous economic analysis in IP disputes to determine damages in connection with infringement and breach-of-contract claims involving patents, trademarks, copyrights, and trade secrets, and to address issues such as irreparable harm, the commercial success of a patent, and the impact of claimed false or misleading advertising.

Our valuation consultants value IP in connection with selling or licensing negotiations, preparing required transfer pricing documentation, obtaining advance approval from a tax authority for the price of a particular trade flow or resolving a tax controversy. We help our clients identify portions of their IP portfolios that have value, develop strategies to manage risk, and use their IP for strategic advantage in the marketplace.

Website: https://www.nera.com/

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