When embroiled in a trademark infringement case, you may need a survey to gather evidence and support your claims. Surveys can provide valuable insights into consumer perceptions and help establish the likelihood of confusion between trademarks. Learn more about selecting a survey sample for trademark infringement cases from the experts at Keegan & Donato Consulting.
About Trademark Surveys
The Lanham Act is the legal basis for most trademark claims. It is codified in 15 U.S. Code §1125. The issues raised are well-suited to testing through surveys by addressing how consumers interpret—and misinterpret—symbols, names, and other marks used by businesses in commerce. The resulting evidence can be very persuasive.
The main reason for using surveys in trademark litigation is to provide evidence of consumer perception about some or all of the issues before the Court. For the study to be relevant and useful to the judge or jury, attorneys and their experts must determine the demographics and qualities of groups of people among the public at large who should be surveyed.
When designed and executed correctly, consumer surveys can demonstrate whether there is any likelihood that a substantial number of ordinarily prudent buyers are likely to be misled or confused as to the source of the goods in question.
Keegan & Donato Consulting surveys consist of objective, non-leading questions directed to an appropriate universe of consumers. We have procedures in place to minimize biases in data collection, and our services include a complete analysis and reporting of survey data.
Our capabilities include state-of-the-art survey designs that confirm relevant issues in each case, can target specific consumer populations with appropriate sampling frames and universe selection, and feature cutting-edge rotation and randomization of hundreds of question types with customizable complex skip and display logic when applicable.
The Survey Sample
Defining the Target Population: The first step in selecting a survey sample is to define the target population. This refers to the group of individuals whose opinions matter in your case. For example, if the product or service is for teenagers, the target population would be teenagers.
Determining the Sample Size: The sample size refers to the number of individuals you need to survey to obtain statistically reliable results. In trademark infringement cases, larger sample sizes are often preferred because they provide more accurate data. However, sample size can vary depending on the circumstances and the available resources.
Random Sampling: This is a method used in surveys to select a representative sample of individuals from a larger population. This means that every member of the population has an equal probability of being chosen, and there is no bias in the selection process.
Demographic Considerations: Characteristics, such as age, gender, location, or occupation, may play a role in a trademark infringement case. For example, if the trademark is associated with a specific age group, it would be important to include participants from that age range in the sample.
Survey Administration: We conduct surveys in various ways, such as online, in person, or over the phone, and will select a method that is convenient for the survey participants and ensures accurate and unbiased responses.
Selecting a survey sample for trademark infringement cases is a crucial step in gathering evidence and supporting your claims. Keegan & Donato Consulting will ensure that your survey provides reliable insights. Call us at (914) 967-9421 to find out more about our approach to designing methodologically sound consumer survey research.