April 23, 2026

(Virtual Only, Noon)

IP Section CLE

Presentation

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​"Developing and Defending Consumer Surveys in 2026: Federal Courts, the TTAB, and the Emerging Role of AI"

CLE Credit: 1.00 hr

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Speaker: J. Michael Keyes, Partner​

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Consumer surveys remain among the most powerful—and most closely scrutinized—forms of evidence in trademark litigation. At the TTAB, surveys are central to disputes involving genericness, secondary meaning, and likelihood of confusion, while federal courts continue to refine expectations around methodological rigor, universe selection, controls, and expert testimony under Daubert. This presentation will address recent developments in the treatment of survey evidence, including decisions from the Fifth Circuit, and highlight the issues the TTAB and courts are focusing on right now. The program will also briefly touch on emerging AI-driven developments—including early discussions surrounding “synthetic respondents”—to demonstrate where survey evidence may be headed.​​​