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Which Method Is for You? Not All Surveys Are Made the Same
As survey evidence has become increasingly common in litigation, it is important to remember that not all surveys are made the same. It's important to be able to identify the right survey methodology for the matter at hand. For this article, as for Part 1 and Part 2 in our series, we draw on our review of a set of over 300 cases involving survey evidence, including over 150 involving Daubert challenges spanning different survey methodologies. These rulings provide insight into factors that courts may consider when determining whether to admit surveys and how much weight to afford them. The appropriate use of survey methodologies frequently is a consideration in those determinations.
|Trademark Infringement
Are You Famous, Among the Famous, or Both?
In consumer confusion matters, consumers may confuse a product from one company with a product from another. Eveready and Squirt are two common survey formats used in U.S. courts to assess potential confusion. Courts generally view trademark strength and marketplace proximity as factors to consider when choosing between Eveready and Squirt. (Note: The surveys discussed in this article typically are referred to by the names of parties or at-issue marks in seminal cases in which the methodologies were introduced or established.)
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How Secure Is the AI System Your Law Firm Is Using?
In a profession where confidentiality is paramount, failing to address AI security concerns could have disastrous consequences. It is vital that law firms and those in related industries ask the right questions about AI security to protect their clients and their reputation.
COVID-19 and Lease Negotiations: Early Termination Provisions
During the COVID-19 pandemic, some tenants were able to negotiate termination agreements with their landlords. But even though a landlord may agree to terminate a lease to regain control of a defaulting tenant's space without costly and lengthy litigation, typically a defaulting tenant that otherwise has no contractual right to terminate its lease will be in a much weaker bargaining position with respect to the conditions for termination.
Pleading Importation: ITC Decisions Highlight Need for Adequate Evidentiary Support
The International Trade Commission is empowered to block the importation into the United States of products that infringe U.S. intellectual property rights, In the past, the ITC generally instituted investigations without questioning the importation allegations in the complaint, however in several recent cases, the ITC declined to institute an investigation as to certain proposed respondents due to inadequate pleading of importation.
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Practical strategies to explore doing business with friends and social contacts in a way that respects relationships and maximizes opportunities.
Authentic Communications Today Increase Success for Value-Driven Clients
As the relationship between in-house and outside counsel continues to evolve, lawyers must continue to foster a client-first mindset, offer business-focused solutions, and embrace technology that helps deliver work faster and more efficiently.