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 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.
- Likelihood of confusion surveys
- Dilution surveys
- 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?
Megan K. Bannigan
Debevoise & Plimpton
Ms. Bannigan specializes in trademark, copyright, false advertising, rights of publicity, licensing and other... | Read More
Ms. Bannigan specializes in trademark, copyright, false advertising, rights of publicity, licensing and other contractual disputes and related matters. She represents clients across a range of industries, including fashion and luxury goods, entertainment, professional sports, pharmaceuticals, consumer products and financial services. Ms. Bannigan has extensive trial experience as well as experience representing clients before the USPTO, the TTAB and the International Trade Commission. She is a frequent speaker on IP issues and is an adjunct professor at Rutgers School of Law.Close
Ford Bubala & Associates
Mr. Ezell has been engaged in commercial marketing research and consulting projects in a variety of areas in the... | Read More
Mr. Ezell has been engaged in commercial marketing research and consulting projects in a variety of areas in the consumer product, industrial product, and service sectors of the economy. For 16 years, he has participated in litigation-related consultancies involving IP matters, including matters pending before U.S. federal courts, the TTAB and Appeal Board of the USPTO, and the International Trade Commission. Mr. Ezell authors an annual paper entitled Intellectual Property Surveys, which is a compendium of excerpts from case opinions covering surveys on genericness, descriptiveness/suggestiveness, secondary meaning, likelihood of confusion, false and/or misleading advertising, fame, and dilution.Close