transcript   Transcript

Trademark Surveys: Update

Recorded on: Jan. 24, 2018
Running Time: 01:02:46

Full Transcript:

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Taken from the audio only One-Hour Briefing Recorded January 2018 in New York

Trademark Surveys: Update [01:02:46]

Trademark surveys continue to be common features of trademark litigation, and to generate satellite litigations about their admissibility and probative value. Topics of this Update will include (1) the current state of the law on immunity of communications between lawyers and experts, and Daubert Hearings; (2) the growing relevance and influence of consumer behavioral economics and psychology on trademark cases; and (3) review of standard components of confusion and strength (“secondary meaning”) surveys.

Join renowned survey expert Jacob Jacoby, Ph.D., and trademark litigators William P. Atkins and Richard L. Kirkpatrick of Pillsbury Winthrop Shaw Pittman LLP, for discussion including  these and the  following topics:

  • Relevant universe of surveys
  • Screening questions
  • Bias of questions and demand effects
  • Stimulus (label, advertisement, etc.) and setting
  • Controls
  • Probative rates of confusion and recognition

Presentation Material

  • Actual Confusion
    Richard L. Kirkpatrick
  • Intellectual Property Surveys: 2016
    Matthew G. Ezell
  • Trademark Surveys: Update
    William P. Atkins , Jacob Jacoby, Richard L. Kirkpatrick
  • Trademark Surveys: Vol 1 - Designing, Implementing and Evaluating Surveys
    Jacob Jacoby
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