High-Value Trademark Internet Pilot Survey

TRIGGERS

  •  Attorneys and clients considering whether or not to file a trademark infringement lawsuit.
  •  Attorneys and clients who have filed a trademark infringement lawsuit and need to decide whether or not to conduct a survey.

BENEFITS

  • Enables determination of the feasibility, expected costs and expected results of undertaking a survey.
  • May provide valuable leverage in settlement negotiations whether a lawsuit has been filed or not.
  • Can be performed at a fraction of the cost of filling a full-fledged survey.
  • Results can be achieved in a very short time frame.

FEATURES:

  • An Internet survey to approximate 50 people.
  • Can be developed and implemented in 10 days to two weeks.
  • Under $10,000.
  • Can be used for likelihood of confusion; secondary meaning; trade dress; generic and distinctiveness issues and/or dilution matters.

DELIVERABLES

  • A written survey rationale and protocol
  • The implementation of the survey
  • A detailed memorandum report explaining the hypothesis, methodology, results as well as time frame and costs associated with rolling out the survey to a minimum of more than 250 respondents.

 
Adversarial Survey Rebuttal Report

TRIGGERS

  • Receipt by attorneys of an adversary’s survey report.

BENEFITS

  • Will enable attorneys to determine feasibility of doing their own trademark infringement survey.
  • Will guide attorneys in their development of cross-examination strategies and techniques

FEATURES:

  • A detailed report in rebuttal to an opposing expert report
  • Can be developed and implemented in 10 days to two weeks.
  • Under $10,000.
  • Can be used for likelihood of confusion; secondary meaning; trade dress; generic and distinctiveness issues and/or dilution matters in trademark cases
  • Will focus on the relevant target market, methodology and technical implementation of the survey

DELIVERABLES

  • A comprehensive written rebuttal report focusing on methodologies and results that can be submitted to the court
  • Consulting with attorneys on deposition preparation and cross-examination strategies

 
Trademark Survey Feasibility Analysis

TRIGGERS:

  • Current or anticipated lawsuits where conducting a trademark infringement survey is being contemplated

BENEFITS

  • Will enable attorneys and clients who have filed a lawsuit to determine PROs and CONs of doing a survey
  • Will enable attorneys and clients who have not as yet filed the lawsuit to determine PROs and CONs of doing a survey

FEATURES:

  • An analysis of an existing or proposed lawsuit with respect to the advisability of undertaking a survey
  • A review pleadings, other case documents, Internet materials, etc. to determine the dynamics of the market and channels of trade.
  • Can be done in less than a week for under $1,000.
  • Can be used for likelihood of confusion; secondary meaning; trade dress; generic and distinctiveness issues and/or dilution matters.

DELIVERABLES

  • A written analysis of the feasibility of doing a survey including general ideas for creating and implementing such a survey.