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Online Interviewing for Use in Lanham Act Litigation

By Alex Simonson
October 30, 2007

Internet or online interviewing is a method that can provide reliable and valid survey data. Often one sees or hears of Internet surveys where respondents are recruited haphazardly online (at news sites for example), and such methods often cast long shadows as to the scientific nature and validity of Internet surveys for purposes of litigation. The method of Internet interviewing, however, is not inherently flawed or somehow tainted by virtue of some surveys that have used improper or unreliable methods.

Evolution of the Internet

The Internet has evolved over the past five years in significant ways, causing interviewing methods, if conducted well, to be controlled and reliable. First, the panels from which respondents are typically recruited have evolved into being representative of the online population and fairly representative of the U.S. population as a whole, much more so than the typical mall-intercept interview. This is due to numerous factors, among them the method of recruitment via Internet panels that allows us also to weight e-mail invitations by population proportions or other demographic characteristics. We can approach a representative sample of a particular defined universe.

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