For the expert conducting or rebutting a Lanham Act survey, the theory of marketplace behavior that underlies the survey is an important issue that is almost always at least an implicit part of planning a survey.
In recent years, keyword advertising has become an increasingly important activity for marketers. Compared with other elements of the marketing mix, such as newspaper or television advertising, keyword advertising is still relatively new. Sellers of online advertising space, such as Google, are still developing the policies that govern online advertising. In some cases, those policies are informed by or perhaps even shaping recent court decisions.
Read More Keyword Infringement Surveys: The New Frontier in Measuring Likelihood of Confusion
In intellectual property matters, surveys are used to examine a variety of issues, including likelihood of confusion, secondary meaning, deceptive advertising, and consumer response to marketplace practices such as prices or packaging. Surveys are often accepted (and even expected) as evidence in venues such as Federal Court, The Trademark Trial and Appeal Board (TTAB), and the National Advertising Division (NAD) of the Better Business Bureau.
Read More The Challenge of Replicating Marketplace Conditions in Intellectual Property Surveys
