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As survey evidence has become increasingly common in litigation, it is important to remember that not all surveys are made the same. It’s important to be able to identify the right survey methodology for the matter at hand. For this article, as for Part 1 and Part 2 in our series, we draw on our review of a set of over 300 cases involving survey evidence, including over 150 involving Daubert challenges spanning different survey methodologies. These rulings provide insight into factors that courts may consider when determining whether to admit surveys and how much weight to afford them. The appropriate use of survey methodologies frequently is a consideration in those determinations.
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By Stacey C. Kalamaras and Henry Kaskov
This article explores the options available to a client to value its trademarks during a financial crisis, to ensure one of the most valuable assets it owns can continue to work for the company and see it through the lean times.
By Jared Looper
Federal Treasury Enterprise Sojuzplodoimport v. Spirits International BV
What do the fall of the Soviet Union, a heist of trademark rights, and Stolichnaya vodka have in common? They are all key components of the Russian Federation’s efforts to reclaim its trademarks in Stolichnaya vodka.
By Jeff Ginsberg and Abhishek Bapna
Federal Circuit: ITC Did Not Err in Denying Non-Respondent’s Petition to Rescind Exclusion Order Based on Invalidity Grounds
Federal Circuit: District Court Did Not Err in Ruling that ‘Half-Liquid’ Is Indefinite
Federal Circuit: District Court Did Not Err In Allowing Jury to Determine Infringement Based on Products’ Compliance with Standard
By David H. Bernstein and Jared I. Kagan
In the first case in U.S. Supreme Court history argued by telephone, the Court ruled 8-1 in favor of Booking.com, holding that it could register as a trademark its eponymous domain name BOOKING.COM.