Trademark Surveys
Trademark Surveys by Jacob Jacoby, published by the American Bar Association in 2013, offers a comprehensive examination of survey research and its application in legal contexts. This edition spans 1,064 pages and is presented in English, making it a valuable resource for attorneys seeking to enhance the quality of survey research used as evidence in litigation. The book begins with critical pre-survey considerations, addressing legal issues and the rationale behind survey research, while providing insights from a prominent social scientist with extensive expertise in trademark surveys.
Readers will find a detailed exploration of various scientific aspects involved in designing, conducting, and reporting surveys. The content covers essential topics such as understanding the marketplace, sampling issues, and questionnaire construction, along with case law commentary integrated throughout each chapter. This volume serves as a foundational guide for legal professionals interested in the intersection of trademark law and survey methodology, laying the groundwork for a subsequent volume that will delve into the legal challenges associated with presenting and defending survey findings in court.
Official synopsis Publisher
Trademark Surveys provides the most expansive and cohesive treatment of the topic of survey research and its use in the courts. It will help attorneys understand and improve the quality of survey research proffered as evidence in litigated proceedings. This first volume, written by a prominent social scientist, discusses the various scientific issues involved. Volume I begins with a discussion of critical pre-survey considerations, from the legal issues that can be examined via survey research to the reasons for and uses of survey research. The majority of this volume is authored by Jack Jacoby, a prominent social scientist who commands substantial expertise with all aspects in the construction, analysis, and application of trademark surveys in litigation. Case law commentary is woven into the discussion in each chapter. Topics in Volume I include:
- The elements of designing, conducting, and reporting surveys
- Understanding pertinent aspects of the marketplace
- Overview of the scientific research process
- Defining the proper universe
- Sampling issues
- Test settings and stimuli
- Questionnaire construction
- Implementing the survey and gathering data
- Numerous issues in aggregating, evaluating, and reporting survey findings
A second volume, written by practicing IP attorneys, will examine the legal issues involved in presenting, defending, and opposing surveys, as well as focusing on the case law. Expected publication: early 2019
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