Broadcast Date: Wednesday, August 22, 2018
from 3:00 pm to 4:30 pm (ET)


Consumer surveys have long been relied on during a trademark infringement litigation or proceedings before the Trademark Trial and Appeal Board (the Board) and are often regarded as a direct and compelling evidence of the likelihood of confusion. It is also used as a tool in evaluating and quantifying damages relating to alleged infringement.

Since trademark consumer surveys are a critical factor in the Board’s assessment of the case, it is important that its effectiveness is ensured by bringing in reputable survey experts and using unbiased methodologies. Best practices in survey design and implementation as well as confirmatory evidence of survey results should also be developed.

Join a panel of key thought leaders and practitioners assembled by The Knowledge Group as they bring the audience to a road beyond the basics of bringing or defending against trademark infringement claims and as they delve into an in-depth analysis of the current trends and recent court rulings involving Trademark Survey Evidence. Speakers will also provide practical strategies in improving the effectiveness of Trademark Surveys, thus, bringing out the best in these lawsuits in a rapidly evolving legal climate

Key topics include:

  • Trademark Survey Evidence: Recent Trends
  • Notable Cases
  • Improving Effectiveness of Trademark Survey
  • Litigation Strategies
  • Best Practices in Survey Design and Implementation


Course Level:



Advance Preparation:

Print and review course materials


Method of Presentation:

On-demand Webcast (CLE)




Course Code:



NY Category of CLE Credit:

Areas of Professional Practice


Total Credits:

1.5 CLE

Speaker Panel:

Jeffery A. Stec, Ph.D., Managing Director
Berkeley Research Group, LLC

Dr. Jeffery Stec is a Managing Director, a leader of Berkeley Research Group’s Intellectual Property practice, and a co-leader of its Economics & Damages community. He has worked extensively over the last 17 years in the areas of antitrust, finance, intellectual property, and survey research, as both a consulting expert and an expert witness. His engagements typically involve the application of economic, financial, statistical, and survey research theory to the collection and analysis of data to evaluate the economic impact of decisions made by consumers and firms. In the area of intellectual property, Dr. Stec has conducted economic and econometric analyses to determine the value of IP and the amount of economic damages resulting from patent, trademark, trade secret, or copyright infringement. He has also evaluated the effects of anticompetitive conduct as it relates to the use of IP. In the context of trademarks and trade dress, he has evaluated economic and survey research related issues with secondary meaning, genericness, dilution, and likelihood of confusion. He has also determined economic damages and evaluated survey research issues in false advertising and counterfeit claims.

Laura O'Laughlin, Manager
Analysis Group

Laura O’Laughlin is a vice president at Analysis Group, a leading economics consulting firm that provides economics expertise and strategy to top law firms, Fortune Global 500 companies, and government agencies worldwide. Ms. O’Laughlin specializes in intellectual property and competition matters. She has worked on a number of trademark infringement and misleading advertisement cases across a variety of industries, including smartphones, airline, online technologies, retail, consumer electronics, restaurant, and insurance. She has extensive experience in the development, administration, and analysis of surveys in and intellectual property, false advertising, consumer protection, and antitrust matters. Ms. O’Laughlin regularly writes on issues related to the validity and admissibility of surveys in litigation, and is bilingual in both official languages of Canada, French and English. She received her masters in economics from the Université de Montréal.

Healey Whitsett, Senior Consultant
NERA Economic Consulting

Ms. Whitsett is a Senior Consultant based in NERA Economic Consulting’s Washington, DC office. She is an expert in survey research and methodology, statistical sampling and custom data analysis and has applied this expertise across a wide range of consulting projects and litigation cases.

In her survey research work, she has worked extensively on matters involving intellectual property disputes, including trademark, trade dress, and false advertising cases. Her trademark-related work includes designing and conducting studies to measure or establish likelihood of confusion, secondary meaning, genericness, and dilution. She is also experienced with choice-based studies designed to value patented product features.



Jeffery A. Stec, Ph.D., Managing Director

Berkeley Research Group, LLC

Elements to address in improving the effectiveness of trademark survey evidence

  • Identifying and sampling the target population
  • General population vs. targeted sub-population
  • Probability v. non-probability samples
  • Review of the case law
  • Sampling approaches
  • Experimental design principles – use of a control group
  • Rationale for use of a control group
  • Determination of the stimuli for treatment and control cells
  • Review of the case law



Laura O'Laughlin, Manager

Analysis Group

A reliable, probative survey requires the expert to ask the right question, of the right people, in the right way. Focusing on the questions and on the survey instrument, an expert should:

  • Isolate the claims that the survey instrument(s) will test
  • Identify proper questions to address the at-issue claims
  • Perception -- what do consumers think?
  • Comprehension -- what do consumers understand or take away?
  • Confusion -- what are consumers mixing up, confusing, or getting plain wrong?
  • Choice -- what do consumers choose?
  • Purchase drivers -- what is the reason?
  • Tailor the question answers to the goals of the study
  • Consider what data to generate, and how to analyze it



Healey Whitsett, Senior Consultant

NERA Economic Consulting

  • Replicating marketplace conditions in the survey context
  • Defensible methods for presenting stimuli to survey respondents

Date & Time:

Wednesday, August 22, 2018

3:00 pm to 4:30 pm (ET)

Who Should Attend:

- Trademark Litigators

- Trademark Attorneys

- IP Consultants and Experts

- In House Counsel

- Corporate Counsel

- Other Related/Interested Professionals

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Jeffery A. Stec, Ph.D.Managing Director
Berkeley Research Group, LLC
Laura O'LaughlinManager
Analysis Group
Healey WhitsettSenior Consultant
NERA Economic Consulting



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