Litigation Surveys & Rebuttals

Likelihood of Confusion Surveys | Our team conducts likelihood of confusion surveys using the Eveready or Squirt formats to assess if consumers are confused by allegedly similar trademarks or trade dress, providing clients with critical evidence in intellectual property cases.

Secondary Meaning Surveys | Secondary meaning surveys measure whether consumers associate an asserted trademark or trade dress with a single source. Our findings help establish or refute distinctiveness claims.

Genericness Surveys | Genericness surveys using the Teflon format measure whether consumers understand a name or trade dress as a distinctive brand from one source, or as a generic type of good or service.

Fame or Awareness Surveys | Our surveys quantify fame and awareness among the general consuming public. Conducted independently or as part of a package of intellectual property surveys, our survey research helps make your case.

Likelihood of Dilution Surveys | When another mark allegedly weakens a brand’s identity, likelihood of dilution surveys measure whether blurring may harm the brand’s distinctiveness or whether the brand’s reputation is likely to be tarnished in the marketplace.

Survey Rebuttals | Our experts critically evaluate opposing litigation surveys and provide rebuttals, identifying serious methodological flaws that may cause a survey to be excluded or given low weight.

Damages Surveys | In complex litigation, when damages are based on a portion of profits, our damages surveys help courts apportion damages based on real consumer behavior or preferences.

Patent & Copyright Infringement | We assess consumer perceptions and buyer behavior to measure whether a patent or copyright has been infringed and to help your team quantify any potential damages.