Trademark Surveys ppt

[...]... [â•›xiiâ•›]â•… Acknowledgments CHAPTER 1 The Impact of Surveys on IP Litigation 1.01╇ EVOLUTION OF THE USE OF SURVEYS Thirty years ago, surveys were considered little more than hearsay evidence Today, however, the use of scientific surveys has gained widespread acceptance within the federal court system While the predominant use of surveys is seen in trademark actions, surveys also are used in trade dress, trade... courts were accepting surveys as evidence of present state of mind, attitudes or beliefs, which is a recognized exception to the hearsay rule Survey evidence in trademark cases is still often challenged based on the quality of the survey, but surveys are now recognized as appropriate means of testing trademark violation.3 Weisberg, Krosiak, and Bowen further add that courts have admitted surveys in other... one has an established, registered trademark, there might be an argument that the trademark has “morphed” into commonly used vocabulary, and therefore the trademark is no longer incontestable or even a trademark Common examples of this phenomenon are Kleenex, Fibreglas (generically called fiberglass), Frigidaire, and Windows All of these were originally registered as trademarks, but through the frequency... Research,” 233 [â•›8â•›]â•… Trademark Surveys only was the adversarial survey critiqued but also rendered useless because of the buyer behavior dynamics This case quickly settled to the benefit of the party that hired the insightful survey expert 1.07╇ THE “DARK SIDE” OF SURVEYS While surveys and survey experts can be valuable in proving or disproving allegations with respect to trademarks, trade dress,... copies of the completed surveys, questioned the expert about these verbatim comments in deposition So embarrassing were these verbatim comments that the attorney who commissioned the survey withdrew it prior to the arbitration hearing 1.08╇ NOTABLE CASES WITH IMPLICATIONS FOR IP SURVEYS Summarized below are some notable cases with implications for IP surveys [â•›10â•›]â•… Trademark Surveys [A]╇ Union... directed toward what comes to mind regarding the similarity of name, may also factor favorably for a trademark holder seeking to demonstrate that a likelihood of confusion exists.11 11.╇ Thornburg, Trademark Surveys: Development of Computer Based Survey Methods,” 104–105 [â•›20â•›]â•… Trademark Surveys [D]╇ E I DuPont de Nemours and Company, Plaintiff, v Yoshida International, Inc., Defendants,... another swing of the pendulum where the relevant surveys and expert opinions were again challenged 1.02╇ HOW SURVEYS ARE USED IN LITIGATION The following is a brief account of key circumstances and situations where surveys can be used in litigation These will be further developed in subÂ� sequent chapters [A]╇ Likelihood of Confusion When lawyers use surveys, several central or essential areas are... damages [C]╇ Secondary Meaning In cases where there are no registered trade names or trademarks, a product or some aspect of the product’s non-functional features may have obtained market recognition because that feature designates the source Surveys to detect such recognition are known as secondary meaning surveys In these surveys, it is not necessary that consumers recognize the specific maker, distributor,... rules It is important to note that the law of trademarks is ever changing So the examples used today may change tomorrow We should not be absolute in anything we say because there are new cases and new decisions in trademark law every day Our book is intended to be a practical guide for lawyers and non-lawyers involved with planning or conducting surveys in trademark and related intellectual property... issue is not so much the damages but the desire to inflict harm on an adversary 1.04╇ NON-LITIGATION USES OF SURVEYS A common use of surveys by attorneys is not in the actual execution of the case, but in gathering research information to determine whether the matter [â•›6â•›]â•… Trademark Surveys is worth pursuing A client will often hypothesize that an infringement has happened or is likely to happen . alt="" Trademark Surveys “Berger and Halligan have performed a true service in their Trademark Surveys: A Litigator’s Guide. e twists and turns of surveys. valuable book. Trademark Surveys: A Litigator’s Guide should be read by every aorney who needs to conduct survey research in the course of trademark, unfair