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The science of surveys

James Nurton, London


The use of survey evidence in litigation is becoming more common – but also more complicated. Shahnaz Mahmud and James Nurton preview today's session on the use of surveys and profile consultant Gerald Ford, whose business carries out consumer studies.

The use of survey evidence in litigation is becoming more common - but also more complicated. Shahnaz Mahmud and James Nurton preview today's session on the use of surveys and profile consultant Gerald Ford, whose business carries out consumer studies.

One of the changes introduced in the U.S. Trademark Dilution Revision Act last year made it possible to file claims based on the "likelihood of dilution" rather than "actual dilution." Among other things, this change could lead to greater prominence for surveys in trademark litigation, as owners of famous brands use surveys to prove that consumers associate allegedly diluting marks with famous marks. If so, it will provide a further boost for the use of survey evidence in trademark cases, which has soared over the past 30 years.

Surveys only began to be widely used in U.S. litigation in the late 1970s, but since then they have become crucial to...


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Analysis from @twobirdsIP of yesterday's #UKSC judgment in Servier v Apotex (re cross-undertaking in damages) #patent http://t.co/SuonRsSknI

Oct 30 2014 05:43 ·  reply ·  retweet ·  favourite
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Archiving ahead of office move #throwbackthursday Hopefully we will soon be paperless! http://t.co/wqZiLdJYIf

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Plus ça change ... Old covers on trolls, cost savings, US reform & EU forum shopping #clearout #throwbackthursday http://t.co/hZIvLDRHOF

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