Survey methodology offers a powerful tool for assessing economic harm, including when addressing liability issues and quantifying damages. However, it is important to exercise proper caution and understand any limitations.

Brattle Principal Dr. Steve Herscovici and Senior Associate Dr. Animesh Giri recently coauthored an article on the use of surveys in Lanham Act cases in the August/September 2023 issue of the American Bar Association’s (ABA’s) Landslide Magazine. In the article, the authors demonstrate the versatility of survey methodology in answering casual questions and providing insights into evaluating the impact of claims in Lanham Act cases. They provide an overview of how surveys can be applied in different categories of Lanham Act claims and explore the unique survey design challenges that can arise with each type of claim.

The full article, “The Use of Surveys in Lanham Act Cases,” is available on the ABA website and below.

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