Surveys are commonly presented in litigation matters involving Lanham Act issues such as trademarks and false advertising. Increasingly, litigation surveys are also used to estimate damages in patent infringement matters.
Three Types of Market Segmentation and the 2012 Presidential Election
As I’ve discussed in prior posts, market segmentation can mean different things to different people. This is in part because there is more than one way to conduct market segmentation, such as using demographic variables,...
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Presidential Polls and the Quality of Marketing Research
At the time I am writing this post, it is October 18, 2012 – less than three weeks before the upcoming election. More than any other election I can remember, the 2012 presidential election has...
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Louboutin vs. Yves Saint Laurent: Litigation Surveys as Evidence
In prior postings, I’ve written about the survey evidence presented in recent high profile intellectual property litigation, including Rosetta Stone v Google and Apple v Samsung.A judgment was recently issued in another closely-watched case, this...
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[Video] How to Measure Likelihood of Confusion in a Litigation Survey
There are two main methods used to measure likelihood of confusion in litigation surveys. These methods are often called “Eveready” and “Lineup” formats. This short video describes both methodologies and answers the question, “How do...
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