Trademark and Deceptive Advertising Surveys: Law, Science, and Design, Second Edition

by Shari S. Diamond (Editor), Jerre Bailey Bailey (Editor)

Overview

Focusing on the various issues that trademark surveys address, this compendium discusses a critical design or analysis topic that an attorney who is presenting, defending, or critiquing a survey must deal with. It brings together the viewpoints of academic and legal experts on surveys and survey methodology, combining both theory and practice in a single resource. Using both actual and hypothetical cases, the authors explain how the courts have addressed these issues and offer strategic guidance on how to identify important issues, understand options, and the optimal way the issues should be handled.

Topics include:

• The use of surveys in litigation involving trademark and deceptive advertising claims
• Pilot tests and pretests
• Selecting the survey universe
• Various legal questions, ranging from the common issue of likelihood of confusion to secondary meaning, fame and dilution
• Use of controls, both fundamentals and design issues
• Responding to survey results
• Internet surveys

Product Details

ISBN-13:	9781639050598
Publisher:	American Bar Association
Publication date:	02/24/2022
Sold by:	Barnes & Noble
Format:	eBook
Pages:	426
File size:	1 MB

About the Author

Shari Seidman Diamond is the Howard J. Trienens Professor of Law and Professor of Psychology at Northwestern Universityand a research professor at the American Bar Foundation. She has published three books and over a hundred articles in behavioral science journals and legal publications, including the Reference Guide on Survey Research (1994; 2000; 2011) in the Federal Judicial Center's Reference Manual on Scientific Evidence. Professor Diamond practiced law at Sidley Austin in the areas of Litigation and Intellectual Property. She also taught at the Universityof Chicago, Harvard, and the Universityof Illinois at Chicago, and was editor of the Law & Society Review and president of the American Psychology-Law Society. She has lectured widely to scholarly and judicial audiences, and has testified in American and Canadian courts on trademark surveys and juries. Her publications on surveys and juries have been cited by federal and state courts, including the U.S. Supreme Court. Professor Diamond received the 2010 Harry Kalven, Jr. Award from the Law and Society Association, and the 1991 American Psychological Association award for Distinguished Contributions to Research in Public Policy. Her Ph.D. in social psychology is from Northwestern Universityand her JD is from the Universityof Chicago. She was elected in 2012 to the American Academy of Arts and Sciences.

Jerre Swann joined Kilpatrick Townsend in 1967 and became a partner in 1972. He has served as lead counsel, or special counsel as to survey and expert witness issues, for major brand owners in trademark, false advertising and trade dress actions in judicial districts throughout the United States. He received the INTA President's Award, the Ladas Memorial Award, and the Volunteer Service Award for the Advancement of Trademark Law. He has authored or co-authored more than thirty law review articles and book chapters, and has spoken at more than thirty national and international seminars, on trademark, survey and expert witness subjects. He has served as a director of the International Trademark Association, as Editor-in-Chief of The Trademark Reporter and on the Special Committee with respect to the Federal Trademark Dilution Act. A graduate of Williams College in 1961 where he was a National Merit Scholar and elected to Phi Beta Kappa, he studied international law and jurisprudence as a Rotary Foundation Fellow in 1962 at the Universityof St. Andrews. He graduated from Harvard Law School in 1965 and clerked for the Hon. Dudley B. Bonsal in the Southern District of New York in 1966 and 1967.