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Consumer surveys can be game changers in intellectual property litigation, offering persuasive scientific evidence in cases involving:
- Trademarks – likelihood of confusion, secondary meaning, genericness, and fame, but-for profits/damages.
- Patents – economic value of claimed inventions and infringing use
- False Advertising – puffery, consumer deception, and materiality
This CLE webinar will provide a deep dive into how surveys are designed, deployed, and used effectively in IP disputes.
Key Topics and Agenda:
- Major use cases and accepted methodologies for surveys in IP litigation
- Crafting surveys that meet rigorous evidentiary standards and survive critique/Daubert challenges
- Key considerations in selecting the “right” expert
- Strategies for challenging opposing surveys
- Winning approaches for communicating survey data to juries