Description

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Trademark Surveys provides the most expansive and cohesive treatment of the topic of survey research and its use in the courts. It will help attorneys understand and improve the quality of survey research proffered as evidence in litigated proceedings. This first volume, written by a prominent social scientist, discusses the various scientific issues involved. Volume I begins with a discussion of critical pre-survey considerations, from the legal issues that can be examined via survey research to the reasons for and uses of survey research. The majority of this volume is authored by Jack Jacoby, a prominent social scientist who commands substantial expertise with all aspects in the construction, analysis, and application of trademark surveys in litigation. Case law commentary is woven into the discussion in each chapter. Topics in Volume I include:

• The elements of designing, conducting, and reporting surveys
• Understanding pertinent aspects of the marketplace
• Overview of the scientific research process
• Defining the proper universe
• Sampling issues
• Test settings and stimuli
• Questionnaire construction
• Implementing the survey and gathering data
• Numerous issues in aggregating, evaluating, and reporting survey findings

A second volume, written by practicing IP attorneys, will examine the legal issues involved in presenting, defending, and opposing surveys, as well as focusing on the case law. Expected publication: early 2019

About the Author

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Jacob Jacoby is Professor of Consumer Behavior and Retail Management at New York University's Stern Graduate School of Business in New York City. He has played a lead role in conducting more than 1,000 trademark, advertising, and patent surveys in support of litigation.