6 Consumer Survey Criticisms For Lanham Act Litigators

Law360, New York (July 16, 2014, 11:38 AM EDT) -- Properly conducted consumer surveys are frequently the evidentiary bedrock in Lanham Act cases. Because of the singular importance of this type of evidence — and the significant amount of fees and costs associated with developing sound and reliable surveys — it is paramount that Lanham Act litigators and their experts keep apace of the ever-developing case law in this area. This article aims to help do just that by noting the most recent and prominent criticisms the federal courts have leveled against consumer surveys — or the lack thereof — in Lanham Act cases over the last 18 months. Armed with this update, you will hopefully be able to avoid some of the pitfalls that have ensnared others....

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