Litigation Surveys & Rebuttals

How Trademark Surveys Measure Patent Infringement and Damages

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.

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The Top 5 Questions Asked When Hiring a Litigation Survey Expert

Litigation surveys (also known as Lanham Act Surveys) can provide important evidence in intellectual property disputes. Litigation surveys are used to measure important issues such as likelihood of confusion, secondary meaning, brand awareness, false advertising, deceptive advertising, and dilution.

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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 you measure likelihood of confusion in a survey?

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