Trademark Survey: Designing, Implementing and Evaluating Surveys

(American Bar Association, 2013) is a 1,000-plus page compendium essential for practicing IP attorneys  who commission trademark (likelihood of confusion, secondary meaning, genericism, dilution), deceptive advertising , or patent (design patent, or value of a patented feature) surveys, or critiques of same.   The book was written by Jack Jacoby, a multiple-award-winning researcher with decades of experience in litigated matters.  Among the book’s unique features is the integration of case law commentary with social science research practice, yielding an understanding of best practices as well as those to be avoided.

Trademark Reporter Review

Click here  to see the review of the book that appeared in the International Trademark Association’s law journal, the Trademark Reporter.

Purchase Book here

Press Release from American Bar Association:

 “Trademark Surveys provides the most expansive and cohesive treatment of the topic of survey research and its use in the courts. A complete revision of a long out-of-print resource, the two volumes that comprise Trademark Surveys 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”