Surveys in Trademark Litigation: Likelihood of Confusion and Dilution

Surveys are increasingly being used in trademark matters to demonstrate consumer perception of a mark in the marketplace. Counsel are using surveys to provide evidence concerning likelihood of confusion, dilution, genericism, secondary meaning and more.

Trademark attorneys must determine whether to utilize surveys early on in the strategic development of a trademark case. In addition to using surveys to provide evidence at trial, counsel can leverage surveys in the decision-making process about how to proceed in a matter. Surveys are also a valuable tool in negotiating a settlement.

Listen as our authoritative panel of trademark attorneys examines the use of trademark surveys to demonstrate key legal issues—including likelihood of confusion and dilution—in trademark litigation. The panel will discuss presenting and defending the trademark survey as well as challenging surveys. The panel will offer best practices for leveraging surveys and avoiding damaging errors.

1. Likelihood of confusion surveys
2. Dilution surveys
3. Best practices for leveraging surveys

The panel will review these and other key issues:

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