Consumer surveys have a long history of use in litigation, with courts relying on them to evaluate claims about certain marketplace characteristics in various disputes, including those related to antitrust, labor, and false advertising matters. Surveys can also provide important evidence in intellectual property (IP) litigation, where they can support economic analyses in disputes in front of the US International Trade Commission (ITC).
Principal Dr. Steve Herscovici, Principal Dr. Pallavi Seth, and Senior Associate Dr. Haris Tabakovic have coauthored an article, “Use of Survey Analysis in Intellectual Property Cases at the ITC,” to provide an overview of the types of consumer surveys and their various uses to support economic analysis in IP matters at the ITC. These matters can include trademark infringement, false advertising, misappropriation of trade secrets, and patent infringement under Section 337. Consumer surveys can be used in litigation to analyze consumer confusion, analyze economic injury from brand and reputational harm, establish the extent of patented technology use, determine commercial success, establish reasonable royalty rates, and more.
The full article can be found below.