Jacoby IP provides the following services to companies and law firms:
- Trademark Surveys– Regarding trademarks and trade dress, we have considerable experience designing and conducting scientifically valid and reliable surveys to determine likelihood of confusion, secondary meaning, genericness, strength of mark, fame of mark, blurring, tarnishment, continuing commercial expression (tacking), and the efficacy of disclaimers. Click for illustrative examples and attorney commentary.
- Deceptive Advertising Surveys –Regarding advertising, packaging and other marketing communications, we have considerable experience designing and conducting scientifically valid and reliable surveys to determine whether the information or claims being communicated are deceptive or misleading. Click for illustrative examples and attorney commentary.
- We also have considerable experience conducting research to determine the materiality of claims or other company communicated information.
- Patent Surveys – We are experienced in designing and conducting two types of patent surveys. One type focuses on whether a product feature central to a patent infringement action is valued and drives customer demand for the product. Click for an illustrative example. A second type of survey focuses on whether “ordinary observers” perceive an allegedly infringing design as being substantially similar to the original design.
- Survey Critiques – We have considerable experience providing critiques proven decisive in neutralizing or highlighting the fatal flaws of an opponent’s survey. Said critiques have often led to favorable decisions at trial and pre-trial settlements. Click for illustrative examples and attorney commentary.