The Trademark Reporter®
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September-October, 2017 Vol. 107 No. 5 Back to TMR Main Page
Internet Surveys in Intellectual Property Litigation: "Doveryai, No Proveryai"
Internet surveys are increasingly being tendered as expert evidence in trademark disputes. While Internet surveys have established a track record of acceptance by courts worldwide, many of their features are vulnerable to criticism, such as the inability to obtain a random sample or the possibility that participants fake their responses, speed through questions without paying attention, and “cheat” on their answers. This article presents guidelines for addressing the vulnerabilities of Internet surveys to enhance their validity and reliability, and proposes a consistent standard for use by courts to assess the weight to be accorded such surveys.