Daubert-Proofing Your Survey: Best Practices for Survey Evidence in Trademark Infringement and False Advertising Litigation

Developing persuasive consumer survey evidence is oftentimes a vital necessity in Lanham Act disputes involving trademarks and advertising.  Drawing on recent case law developments, this presentation covers important issues that demand special attention from trial counsel and their experts, including selection of the correct survey population, designing proper questions, thinking through the best options for survey stimuli, and much more.  Whether you are already a pro at designing or critiquing consumer surveys, or you are just getting into the arena, this Briefing by a consumer survey expert and trial lawyer provides practical insights and tips for any trademark trial lawyer. 

 Learning Objectives: 

1. Avoid recent problems with survey stimuli
2. Define the correct survey population
3. Select the best survey design for your
4. Think through whether survey evidence should be used