Michael Keyes

Background

About Michael Keyes

Consumer survey evidence plays a pivotal role in the outcome of trademark and advertising disputes. The use of survey evidence in federal court alone has increased significantly over the last 10 years. All too often, though, this evidence is excluded. Nearly 33% of decisions held this evidence was flawed or inadmissible. This equates to millions of dollars expended with nothing to show.That’s why Dorsey & Whitney introduced its Consumer Insights Group, which I lead. I’m a consumer survey expert and seasoned IP trial lawyer. We cover all facets of consumer survey design, research, analysis, and expert services so your survey will be admissible and defensible. Our surveys cover likelihood of confusion, dilution, secondary meaning, and fame.I’ve represented some of the world’s most well-known brands in high profile litigation involving trademarks, copyrights, and false advertising, including Facebook, Rovio Entertainment Ltd (Angry Birds®), Abercrombie & Fitch, TikTok, Beats by Dr. Dre, Hall of Fame Major League Slugger George Brett, Helly Hansen, The North Face, Nestle, Viacom, Cervecería Modelo (Corona®), Carmex, Kraft Foods, Foot Locker, Viacom, Target, the Mayo Clinic, the University of Minnesota, and Del Monte.I’ve also overseen, drafted, and critiqued hundreds of surveys used in federal court and before the TTAB and NAD. I have an advanced degree in Survey Research & Data Analysis and regularly present on consumer surveys at conferences and events hosted by the ABA, AIPLA, PLI, Strafford, and AAPOR. I also teach survey design at the University of Washington Law School and have lectured on survey research at schools such as Notre Dame Law School, the University of New Hampshire Franklin Pierce School of Law, Florida State University College of Law, and Gonzaga University School of Law. I have written pieces for IP Law 360, The Trademark Lawyer, and IDEA: The Law Review of the Franklin Pierce Center for IP on use of surveys in connection with Jack Daniel’s v. VIP Products, and I'm frequently called upon by the media for insights on other cutting edge IP cases.I publish the LinkedIn newsletter Lanham Act Surveys for Lawyers, which you can subscribe to here, and I’m co-creator of Dorsey’s IP blog TheTMCA.com. I’m also a certified mediator and ADR panelist for W.D. Wash, AIPLA and WIPO, and am regularly listed as a top trademark professional by Best Lawyers®, World Trademark Review, Managing Intellectual Property, and SuperLawyers®.If I can assist with your consumer survey research or litigation needs, send me a message.