Dr. Gerald Ford, of the California market research firm of Ford Bubala, is recognized nationally as one of the leading experts in the field of survey evidence in trademark and false advertising cases. In addition to his work as a testifying expert, he is a frequent speaker and author in this field and serves on the Editorial Board of the International Trademark Association's law review, The Trademark Reporter.

Dr. Ford's presentation will begin with a discussion of the evolution of survey evidence as an acceptable method of proof in Lanham Act cases, discussing the initial resistance to such evidence, including the hearsay basis for those objections, and the gradual acceptance of survey evidence by an increasingly sophisticated federal judiciary. Dr. Ford will next discuss the effect of the Daubert decision on the way courts examine the admissibility of survey evidence. In the last part of his presentation, Dr. Ford will use recent cases to illustrate the continuing difficulties, including selection of the appropriate universe and avoiding the use of leading questions that arise in formatting and conducting surveys for issues that commonly arise in trademark and false advertising litigation, such as genericness, secondary meaning, likelihood of confusion and the existence of an "exceptional case" for the purposes of attorney's fees and costs.