Trademark & Deceptive Advertising Surveys: Law, Science, & Design, 0814 COBJ, 2014, August, Pg. 107

AuthorChristopher M. Unger

43 Colo.Law. 107

Trademark and Deceptive Advertising Surveys: Law, Science, and Design

Vol. 43, No. 8 [Page 107]

The Colorado Lawyer

August, 2014

Review of Legal Resources

Trademark and Deceptive Advertising Surveys: Law, Science, and Design Reviewed

Christopher M. Unger

Reviews of Legal Resources are published to apprise attorneys of books and other resources that may be of interest to them. Readers wishing to make review suggestions, provide review copies, or write reviews should contact Leona Martinez at leonamartinez@cobar.org. For a list of titles available for review, see "Read a Book. Write a Review."

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Trademark and Deceptive Advertising Surveys: Law, Science, and Design

Shari Seidman Diamond and Jerre B. Swann, Eds.

392 pp.; $179.95

ABA Publishing, 2012 321 N. Clark St., Chicago, IL 60654-7595

(800) 285-2221; www.americanbar.org

Reviewed by Christopher M. Unger

Christopher M. Unger is a Colorado attorney and graduate of Drake University Law School. He specializes in trademark law and litigation—(303) 895-6825, cungerjd2013@gmail.com.

Trademark and Deceptive Advertising Surveys is an invaluable resource for practitioners in the trademark litigation arena. The book is unique in that it brings together research from the law and the social sciences, making it a go-to reference not only for attorneys and judges, but also for researchers and corporate executives.

The book is written as a series of essays and point/counterpoint discussions on such topics as the use of pilot tests (or tests conducted to determine the effectiveness of survey questions); the likelihood of confusion questions; secondary meaning surveys; Internet surveys; and survey critiques. The editors gathered insights from highly respected attorneys and social scientists to summarize the research and methodology currently available in the field of trademark litigation. The book provides a good overview of the questions attorneys—and especially litigators—must consider when preparing a case involving the likelihood of confusion or deceptive advertising.

Trademark litigation is a very narrow area of law. As such, there are not...

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