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Survey And Real-World Data: A Winning Combination

Law360, New York (July 14, 2017, 1:48 PM EDT) -- Courts increasingly require empirical proof in cases where the impact of particular behavior, claims or statements on consumer perceptions and/or choices is a central focus. For example, in the context of a false advertising or trademark infringement case, key questions could include whether consumers were confused by an allegedly infringing word mark, symbol or misleading statement, or whether consumers relied on the word mark, symbol or statement when making their decisions. Compelling empirical evidence on the answers to these questions can be informed both by primary...
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