About

Our Philosophy

TFin & Associates specializes in designing, conducting, and evaluating online surveys conducted for intellectual property litigation.  The research methodologies, techniques, and procedures that TFin & Associates employs are based on rigorous scientific criteria and paradigms. 

Some Research Thoughts

• On Statistical Significance:  When conducting a likelihood of confusion survey for trademark or trade dress litigation, the ultimate deliverable is typically a “likelihood of confusion percentage.” This percentage is interpreted as an indicia that a certain percentage of a defined population or universe would likely be confused as to the source of a product or service, whether two entities were affiliated or associated, or whether one entity sponsored another entity’s behavior.  With few exceptions, litigants and courts typically focus on the numerical value of the confusion percentage without taking into account the sample size underlying the percentage.  TFin & Associates recommends calculating the “statistical significance” of the confusion percentage by means of a quantitative technique that takes into account how much precision is desired, the size of the percentage, and the sample size.  Only by using such a technique can an objective inference be made about the relevance and reliability of a likelihood of confusion percentage.

• On Proving Dilution:  When a plaintiff is considering trademark or trade dress litigation that contains a claim of dilution, it is generally necessary to prove “fame” before attempting to show dilution has occurred or is likely to occur.  (Without fame there can be no dilution.) In practice, this means that fame needs to be measured and quantified prior to the alleged dilutive activity.  TFin & Associates recommends that firms possessing brands with considerable brand equity conduct a fame study as a matter of course prior to initiating any dilution litigation.  Standard, accepted approaches to measuring dilution exist that can be applied with minimal expense.  Paraphrasing Benjamin Franklin, “an ounce of prevention avoids the resources required for the cure.” 

• On Conducting a Pilot Survey:  Prior to filing a trademark or trade dress lawsuit, a plaintiff is well-advised to conduct a small-scale or “pilot” survey to obtain a preview of what results might be obtained if a large-scale survey were to be conducted during the litigation. Conducting a pilot study can be relatively inexpensive and can provide insights as to whether a lawsuit should be filed.  If a lawsuit is filed subsequent to the pilot survey, insights from the pilot survey can be used to inform the methodology of the later survey as well as provide budget estimates for that survey.  TFin & Associates recommends pilot surveys be conducted prior to considering litigation.  We have a procedure that helps quantify whether a pilot survey merits consideration financially.