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Surveys in Trademark Litigation: Likelihood of Confusion and Dilution

Leveraging Survey Evidence to Demonstrate Consumer Perception in the Marketplace and Avoid Fatal Errors

Recording of a 90-minute premium CLE webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Tuesday, July 25, 2017

Recorded event now available

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This CLE course will provide guidance to trademark counsel on the use of surveys in trademark cases. The panel will discuss presenting, defending and challenging surveys, and will outline approaches for strategically leveraging surveys to demonstrate crucial legal issues in trademark matters.


Surveys are increasingly being used in trademark matters to demonstrate consumer perception of a mark in the marketplace. Counsel are using surveys to provide evidence concerning likelihood of confusion, dilution, genericism, secondary meaning and more.

Trademark attorneys must determine whether to utilize surveys early on in the strategic development of a trademark case. In addition to using surveys to provide evidence at trial, counsel can leverage surveys in the decision-making process about how to proceed in a matter. Surveys are also a valuable tool in negotiating a settlement.

Listen as our authoritative panel of trademark attorneys examines the use of trademark surveys to demonstrate key legal issues—including likelihood of confusion and dilution—in trademark litigation. The panel will discuss presenting and defending the trademark survey as well as challenging surveys. The panel will offer best practices for leveraging surveys and avoiding damaging errors.



  1. Likelihood of confusion surveys
  2. Dilution surveys
  3. Best practices for leveraging surveys


The panel will review these and other key issues:

  • How can counsel best utilize trademark surveys to demonstrate likelihood of confusion or dilution?
  • What steps should counsel take to ensure the survey is properly defined and formulated to achieve counsel’s intended goal?
  • What are the best practices for practitioners to execute the survey to make sure the results are admissible?


Bannigan, Megan
Megan K. Bannigan

Debevoise & Plimpton

Ms. Bannigan specializes in trademark, copyright, false advertising, rights of publicity, licensing and other...  |  Read More

Matt Ezell
Matt Ezell

Ford Bubala & Associates

Mr. Ezell has been engaged in commercial marketing research and consulting projects in a variety of areas in the...  |  Read More

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