The universe identification and sampling design of consumer surveys in trade mark lawsuits

A consumer survey is a scientific method of presenting evidence of mental associations by canvassing a representative sample of the relevant population. Its admissibility and probative weight depend upon an evaluation of the quality of the survey’s methodology. Since courts have found many different requirements for a proper universe and representative sample, these areas have become constant sources of criticism for survey evidence. This article focuses on two aspects of a consumer survey: the determination of the relevant universe of consumers and the sampling method of a consumer survey. Section 1 briefly discusses the use and application of consumer surveys in China trade mark lawsuits. Section 2 explores the determination of the relevant universe and Section 3 investigates the representativeness of the survey sample. Section 4 examines the current problems in the judicial treatment of survey evidence and offers some possible solutions.