This article addresses this critical question of consumer demand surveys. The article argues that the law should always require rigorous apportionment of value based on scientifically-accepted standards of consumer demand measurement. Further, the article discusses how best to achieve this policy goal and how courts have approached it to date. This article then walks through the pertinent case law on apportionment, the role and defensibility of survey evidence, and offers guidance on proper survey design.
98 J. Pat. & Trademark Off. Soc'y 182 (2016)