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


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.

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, Counsel
Debevoise & Plimpton, New York

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. 

Matt Ezell, Partner
Ford Bubala & Associates, Huntington Beach, Calif.

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.


Recordings

CLE On-Demand - Streaming Video

Includes recorded streaming video of full program plus PDF handouts.

On-demand is the only recorded format recognized for CLE credits in DE, IN, KS, LA, MS, NC, OH, OK, SC, TN, VA, WI.

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*Only available for attorneys admitted for more than two years. For OH CLE credits, only programs recorded within the current calendar year are eligible - contact the CLE department for verification.

**NH attendees must self-determine if a program is eligible for credit and self-report their attendance.

CLE On-Demand Video $297.00

How does this work?


Recorded Event

Includes full event recording plus handouts.

Strafford is an approved provider and self-study CLE credit is available in most states.

AK, AZ, CA, CO, CT, FL, GA, HI, IA, ID, IL, KY, ME, MN, MO, MT, ND, NJ, NM, NY, OR, PA, TN, TX, UT, VT, WA, WV, WY (Note: Some states restrict CLE eligibility based on the age of a program. Refer to our state CLE Map for additional information.)

Strafford will process CLE credit for one person on each recording.

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Recorded Webinar Download $297.00

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Recorded Audio Download (MP3) $297.00

How does this work?


Webinar

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Program Materials

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Program Materials

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CLE Credits

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Customer Reviews

The analyses of the various cases brought the subject matter together in a coherent manner.

Michael Minter

Miles & Stockbridge

The subject matter was presented at the right level of detail.

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Steptoe & Johnson

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Sebby Law Office

I felt the presenters were very knowledgeable and I liked that they discussed real situations. This was definitely one of the more worthwhile presentations.

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YoungBasile

All speakers seemed very knowledgeable about the subject and were very good at presenting.

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Rader, Fishman & Grauer

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Intellectual Property Law Advisory Board

Stephen R. Baird

Shareholder

Winthrop & Weinstine

Charles S. Baker

Partner

Locke Lord

David S. Bloch

Partner

Winston & Strawn

Ian N. Feinberg

Partner

Feinberg Day Alberti & Thompson

Bassam N. Ibrahim

Shareholder

Buchanan Ingersoll & Rooney

Mark P. Wine

Partner

Orrick

or call 1-800-926-7926

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