Thought Leader

  •  Author of the ABA’s 1,064 page treatise Trademark Surveys: Designing, Implementing and Evaluating Surveys (see Tradermark Reporter’s review-pdf )
  • Most cited survey researcher in McCarthy on Trademarks and Unfair Competition  
  • Invited by the Federal Judicial Center to provide lectures on survey research to District Court and Magistrate judges
  • Author of numerous influential articles appearing in the Trademark Reporter and law reviews
  • Invited peer reviewer for the “Survey Reference Guide” appearing in the 1994 and 2000 editions of the Federal Judicial Center’s Reference Manual on Scientific Evidence
  • His research was cited and relied upon in two Second Circuit decisions to shift burden of proof in trademark disclaimer cases from plaintiffs to defendants [1] 
  • His research was cited and quoted in INTA’s amicus brief to Congress in support of the Trademark Dilution Revision Act of 2006
  • Innovative IP researcher
  • He developed the  Food & Drug Administration’s  approach to defining misleading advertising.
  • Jacoby is a multiple-award winning consumer research scholar
  • Invited speaker on litigation surveys and consumer confusion/dilution/deception before the International Trademark Association, the International Bar Association, the American Intellectual Property Law Association, the Practicing Law Institute, the Federal Trade Commission, the National Association of Attorneys General, various law schools and a number of state and local bar and intellectual property associations.


[1] Home Box Office v. Showtime/The Movie Channel, Inc. 832 F2d 1311, 4 USPQ2d 1789, 1793 (CA 2 1989), revg in part Home Box Office v. Showtime/The Movie Channel, Inc. 665 F.Supp. 1079, 3 USPQ2d 1806 (SDNY 1987).

Charles of the Ritz Group Ltd. v. Quality King Distributors Inc., 832 F2d 1317, 4 USPQ2d 1778 (CA 2 1987).