Not a CBA Member? Join Now!
Find A Lawyer Directory
Legal Directory

April 28, 2009 - Phil Johnson


Phil Johnson, CEO, LJS & Associates


Survey Evidence in Trademark Litigation

 April 28, 2009, 11:45 a.m. -1:15 p.m.

Denver ChopHouse, Large Banquet Room


The IP Section was pleased to have, as our April 28th speaker, Phil Johnson, CEO of LJS & Associates, a leading market research and behavioral consulting company.  Mr. Johnson has designed and supervised hundreds of surveys measuring consumer behavior and opinion.  His area of expertise is the use of survey research as a tool in litigation, including jury selection and trademark disputes.  Phil has offered survey-based expert opinion in Federal and State courts and other forums including the Federal Trade Commission and the United States Patent & Trademark Office.

Mr. Johnson discussed the use of survey evidence in trademark litigations, including methodological considerations, defining the universe, probability vs. non-probability samples, the stimulus, data collection methods, field supervision and tabulation, analysis, and reporting.  He also discussed different methodologies used for specific types of surveys and drew on some actual case examples involving surveys for consumer confusion, secondary meaning, genericness, and dilution before and after the Trademark Dilution Revision Act (TDRA).