基本説明
In addition to describing the process and different types of surveys that may be employed, the authors offer strategic insight into how best to use these surveys to save time and money.
Full Description
In trademark litigation, surveys are an important component that can determine infringement or dilution of a trademark. They often entail complicated legal and procedural issues, and typically require the services of an outside expert and a survey support team. Trademark Surveys: A Litigator's Guide is a legal guide on developing and critiquing trademark surveys. In addition to describing the process and different types of surveys that may be employed, the authors provide strategic insight into how best to use these surveys to save time and money. The last chapter offers practical considerations when requesting the services of a survey expert, and the appendices provide a series of sample survey protocols.
Contents
PREFACE ; CHAPTER 1 ; THE IMPACT OF SURVEYS ON IP LITIGATION ; CHAPTER 2 ; MARKET RESEARCH CONSIDERATIONS ; CHAPTER 3 ; TYPES OF SURVEYS AND PROTOCOLS ; CHAPTER 4 ; IP ISSUES WHERE SURVEYS CAN BE CRITICAL ; CHAPTER 5 ; LIKELIHOOD OF CONFUSION ISSUES ; CHAPTER 6 ; SECONDARY MEANING ISSUES ; CHAPTER 7 ; DISTINCTIVENESS AND STRENGTH OF MARK ; CHAPTER 8 ; ISSUES INVOLVING GENERIC MARKS ; CHAPTER 9 ; TRADE DRESS ISSUES ; CHAPTER 10 ; DILUTION ISSUES ; CHAPTER 11 ; IMPLICATIONS OF DAUBERT RULINGS ON TRADEMARK SURVEYS ; CHAPTER 12 ; PRACTICAL CONSIDERATIONS WHEN USING SURVEY EXPERTS ; APPENDIX ; SAMPLE TRADEMARK SURVEYS ; INDEX
