Trademark and Deceptive Advertising Surveys Law, Science, and Design

Author: Shari Seidman Diamond, Jerre B. Swann
Publisher: American Bar Association
ISBN: 9781641384748
Published In: June 2012
Format: Paperback , 408 pages
Jurisdiction: U.S. ? Disclaimer:
Countri(es) stated herein are used as reference only

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The standard questions that courts must address in trademark and deceptive advertising law are these:

Are consumers likely to be confused as to the source of a trademark or likely to be deceived by a commercial message?

How can we know unless we examine consumer reaction?

As a result of the importance of these findings, surveys have become perhaps the standard form of evidence on consumer perception in cases involving trademarks and deceptive advertising. Yet it is far more difficult to produce a well-designed survey than is commonly understood.

Trademark and Deceptive Advertising Surveys: Law, Science, and Design fills a substantial gap in the literature on surveys and in trademark law, providing attorneys, judges, and researchers with a close analysis of survey design in trademark law. This compendium offers practical tools for recognizing and appreciating good survey methodology and distinguishing valuable evidence from its counterpart.

Focusing on the various issues that trademark surveys address, chapter authors discuss a topic relating to design or analysis that an attorney presenting, defending, or critiquing a survey must deal with. This unique volume combines the viewpoints of both practicing attorneys as well as experts on surveys and survey methodology, combining both theory and practice in a single resource.

Using both actual and hypothetical cases, Trademark and Deceptive Advertising Surveysexplains how the courts have addressed these issues and offers strategic guidance on how to identify important issues, understand options, and the optimal way the issues should be handled. Topics covered include:

Surveys in litigation involving trademark and deceptive advertising claims

Preliminary matters, including the use of pilot tests and pretests, and selecting the universe

Legal questions in these surveys, including the most common issue, likelihood of confusion, as well as secondary meaning, fame and dilution, and the growing area of survey evidence in false advertising cases

The use of controls, both fundamentals and design issues

Responding to survey results

Other important issues in survey design and evaluation, including demand effects, closed-end questions, and Internet surveys