False advertising surveys are frequently used in intellectual property matters. This post describes the circumstances when false advertising surveys are typically used and explores the expectations and requirements for designing and executing a false advertising survey. False advertising surveys focus on implied statements rather than literal falsity By “false advertising”, I refer to [...]
Surveys are commonly presented in litigation matters involving Lanham Act issues such as trademarks and false advertising. Increasingly, litigation surveys are also used to estimate damages in patent infringement matters. This post explores the use of surveys to assess damages in patent litigation, describing the reasons for their use, the issues they measure, and [...]
As I’ve discussed in prior posts, market segmentation can mean different things to different people. This is in part because there is more than one way to conduct market segmentation, such as using demographic variables, behavioral variables, or attitudinal variables. The 2012 presidential election provides an excellent demonstration of the different types of market [...]
At the time I am writing this post, it is October 18, 2012 – l buy canadian viagra ess than three weeks before the upcoming election. More than any other election I can remember, the 2012 presidential election has been characterized by a growing overabundance of polls, poll results, and survey-based predictions about which candidate [...]
In prior postings, I’ve written about the survey evidence presented in recent high profile intellectual property litigation, including Rosetta Stone v Google and Apple v Samsung. A judgment was recently issued in another closely-watched case, this one involving two well-known French manufacturers of high fashion shoes: Christian Louboutin S.A. v. Yves Saint Laurent Am. Holding [...]
