IP Survey Research, Design, and Analysis
NERA experts often provide survey evidence in intellectual property (IP) matters. Our experience in IP cases spans a variety of products and services including automobiles, apparel, computers, cosmetics, entertainment, food and drink, pharmaceuticals, and sports equipment. We apply rigorous methods to address infringement, estimate damages, and provide our clients with valuations of their IP. We also assist counsel by reviewing opponents' surveys and identifying their weaknesses and methodological flaws.
We have conducted numerous surveys establishing trademark confusion, trade dress confusion, secondary meaning, genericness, dilution, and false advertising. NERA's experts have also designed surveys used in patent disputes and helped owners secure trademarks for their products. We are familiar with the standards to which judges hold survey evidence and design our surveys so that they meet admissibility criteria. We are knowledgeable about the thresholds required to establish proof in Lanham Act cases and are aware of the survey formats commonly used in these cases.
