Recommended Reading: Measuring Consumer Confusion through Online Surveys - Practical Guide to Survey Acceptance
Hal Poret and William D. Schultz recently gave an informative presentation on online surveys, entitled "Measuring Consumer Confusion through Online Surveys - Practical Guide to Survey Acceptance." (.pdf of outline here). Hal Poret is Senior Vice-President of ORC International in New York City, and William D. Schultz is a partner in Merchant & Gould P.C., in Minneapolis.
Introduction: Trademark practitioners have begun using the Internet as an alternative to telephone, mall-intercept, and other in-person surveys. The shift to the online format comes from a variety of factors including the rise of consumers using the Internet, the affordability, speed, and ability to track real-time results of the online format, and the increased comfort level of online surveys in general. The relative newness of the Internet format, however, may cause some trademark practitioners pause before recommending the online format to their clients. Moreover, the relative lack of a clear, proven track record in federal court opinions for the online survey has dissuaded online surveys in the past. This outline discusses the issues trademark professionals should consider in deciding whether to use an online survey. The outline also includes references to recent federal court opinions addressing online surveys.