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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

    Intermediate

  • work Practice Area

    Trademark and Copyright

Date & Time
  • event Date

    Wednesday, August 16, 2023

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.


  • Live Online


    On Demand

$347.00

This course is $0 with these passes:

CLE
ALL

This CLE will guide IP counsel on the use of surveys to demonstrate key legal issues in trademark and advertising disputes. Our panelist will provide critical, up-to-date case law developments that trial counsel and their experts need to know about on their quest to design admissible and effective survey evidence.

Faculty

J. Michael Keyes
Partner
Dorsey & Whitney Llp

Mr. Keyes is the firm-wide co-head of Dorsey’s trial group and a “go to” intellectual property and commercial litigation trial attorney with a vast reservoir of experience in cases involving trademarks, copyrights, and false advertising, including individual consumer and class action claims. He and his team have represented some of the world’s most recognized brands and companies in high-stakes litigation in numerous federal courts across the country including Washington, Oregon, California, Colorado, Minnesota, Illinois, New York, Massachusetts, Utah, and Florida.  These disputes have encompassed a wide array of subject matters including medical diagnostics software, online games and apps, Google Ads, social media, e-books, consumer products, food and beverage, fashion, sports equipment, educational testing tools, and hospitality services.

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Description

Consumer surveys are increasingly being used in a variety of contexts in advertising and trademark litigation. Surveys are deployed to provide evidence concerning deception, materiality, likelihood of confusion, secondary meaning and more. A well-designed consumer survey can provide powerful evidence in support of a party’s claims or defenses; but there are multiple landmines and potential missteps that need to be avoided along the way.

Listen as J. Michael Keyes, Partner at Dorsey & Whitney, examines the use of surveys to address key legal and factual issues in advertising and trademark disputes. Our presenter will provide critical, up-to-date case law developments that trial counsel and their experts need to know about on their quest to design admissible and effective survey evidence.

Outline

  1. Timing of survey evidence
  2. Replicating marketplace conditions
  3. Choosing the correct survey format
  4. Selecting survey stimuli
  5. Identifying the proper survey population

Benefits

The panelist will review these and other key questions:

  • How can counsel best utilize trademark surveys to demonstrate likelihood of confusion?
  • What steps should counsel take to ensure the survey is properly designed and formulated to achieve counsel's intended goal?
  • What are the best practices for counsel to make sure the survey results are admissible?