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 from 3:00 pm to 4:30 pm (ET)
Intellectual Property Law (CLE)Recording

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

Agenda

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

Who Should Attend

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

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.


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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.

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.

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