Many complex litigation claims turn on the ultimate question of how a reasonable person perceives an advertisement, marketing message, or business practice. Courts in recent years have been required to decide the admissibility of consumer surveys, separating flawed survey models from those which rise to the level of competent evidence. In this episode, Dorsey Seattle Partner Mike Keyes explains the nuts and bolts of consumer surveys, and how this discipline is often misunderstood with Podcast Host and Dorsey Partner Kent Schmidt. This episode discusses how Mike’s background as a trademark litigator led him to obtain further training in this science. Listen to learn how litigants can be prepared to either proffer or rebut consumer survey evidence in trial proceedings.
Consumer Surveys – Separating Pseudo Science from Admissible Evidence
February 8, 2024