Litigation Surveys & Rebuttals

Three Critical Questions to Evaluate Intellectual Property Surveys

I recently published an article in Intellectual Property Today focused on intellectual property surveys, such as those used to measure likelihood of confusion, secondary meaning, and deceptive/false advertising. My co-authors for the article were Dr. Jonathan Hibbard, Professor of Marketing at Boston University’s School of Management, and Dr. Scott Swain, Professor of Marketing at Northeastern University’s College of Business Administration.

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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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