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 CLE webinar with Q&A


Conducted on Tuesday, July 25, 2017

Recorded event now available

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Program Materials

This CLE webinar 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.

Description

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.

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Outline

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

Benefits

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?

Faculty

Megan K. Bannigan
Megan K. Bannigan

Counsel
Debevoise & Plimpton

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

Matt Ezell
Matt Ezell

Partner
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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Strafford will process CLE credit for one person on each recording. All formats include program handouts. To find out which recorded format will provide the best CLE option, select your state:

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