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Trademark Litigation: A New Look at the Use of Social Science Evidence

Abstract

This Note will explore the utilization of social science surveys in establishing facts in trademark litigation. After presenting some background information along with an analysis of alternative methodologies, this Note will discuss various issues pertaining to trademark surveys: admissibility and evidentiary weight, psychometric concerns, and judicial acceptance. It is hoped that from this discussion, a greater appreciation will be gained for the value and complexity of the use of social science in trademark litigation.

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29 Ariz. L. Rev. 639 (1987)

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