Developing Effective Survey Evidence in Trademark and Advertising Cases (On-Demand)

Course Description

If you are developing consumer survey evidence in any trademark or advertising matter, this webinar is essential. J. Michael Keyes is a seasoned trademark and advertising trial lawyer, as well as a testifying consumer survey expert. He will guide webinar attendees through some of the most common and recent pitfalls that trial counsel and their experts encounter in developing and using survey research and will provide practical solutions and insights on how to avoid them. Whether you are in federal court or before the Trademark Trial and Appeal Board, this webinar has something for everybody.

Principles

• Selecting an appropriate survey design
• Choosing the survey stimulus
• Using third-party survey research
• Secondary meaning surveys
• Likelihood of confusion surveys
• Genericism surveys

Syllabus

1. Survey research by the numbers in federal court and the TTAB
2. Process, timing, and costs for developing survey research
3. Recommended resources
4. Discussion of secondary meaning surveys
   • Use of correct survey stimulus
   • Whether secondary meaning surveys are necessary at the pleading stage
   • Timing of secondary meaning surveys
   • Avoid opining on the law
5. Likelihood confusion surveys
   • Squirt vs. Eveready
   • Use of Eveready when goods are proximate
   • Careful consideration of marketplace realities
   • Keeping track of documents considered in selecting method
6. Not using either survey method
7. Genericism surveys and recent developments
8. Common when developing survey research for use at the TTAB