Publications

• The Jack Daniel’s Consumer Survey: Is It a Veto over Mockery?
• In-N-Out Burger Trade Dress Dispute: A Supersized Lesson in Consumer Survey Evidence
• Designing Effective Surveys at the Trademark Trial and Appeal Board
• Franklin Pierce Law Journal on Survey Evidence

Consumer Survey Expert & Trademark Trial Lawyer

Specialties & Experience of this Expert Witness

Additional Information

Consumer Survey Expert Practice Michael Keyes is a consulting and testifying consumer survey expert and leads Dorsey’s Consumer Insights Group. Mike brings a truly unique value proposition to his work as an expert. Not only does he have an advanced degree in Survey Research & Data Analysis, but he also has over two decades of practical experience as a trial lawyer in drafting and analyzing consumer surveys, as well as collaborating with, deposing, and cross-examining survey experts. Mike understands the critical importance of this type of evidence in litigation and excels at making it relatable and understandable to judges and juries. Mike is a leading voice on consumer survey evidence, regularly presenting at national conferences and events hosted by the ABA, AIPLA, PLI, Strafford, and AAPOR (the American Association for Public Opinion Research). He publishes frequently on the topic of consumer surveys and maintains an active following on LinkedIn where hundreds of lawyers and survey experts alike subscribe to his publication, Lanham Act Surveys for Lawyers. He also imparts his survey expertise to law students at the University of Washington Law School, where he serves as an affiliate instructor, teaching Advanced Trademark Law and IP Litigation Strategies. His insights on survey research have also been shared with students and faculty at esteemed law school institutions including the University of Notre Dame, Franklin Pierce Law Center, and Gonzaga University. IP Litigation & Trial Practice In addition to his consumer survey expertise, Mike is a “go to” intellectual property trial attorney with a vast reservoir of experience in cases involving trademarks, copyrights, and false advertising, including individual consumer and class action claims. Mike and his team have represented some of the world’s most recognized brands and companies in high-stakes litigation in numerous federal courts across the country including Washington, Oregon, California, Colorado, Minnesota, Illinois, New York, Massachusetts, Utah, and Florida. These disputes have encompassed a wide array of subject matters including medical diagnostics software, online games and apps, Google Ads, social media, e-books, consumer products, food and beverage, fashion, sports equipment, educational testing tools, and hospitality services. Mike has served as lead or co-lead trial counsel in several high-profile IP cases. He was trial counsel in Chicago federal court for Kraft Foods in a highly publicized false advertising trial featured on ABC’s Good Morning America and covered by the likes of The Chicago Tribune and The New York Times. He represented Abercrombie & Fitch in a closely watched case in California federal court brought by Levi Strauss & Co. involving claims of unfair competition, trademark infringement, and dilution. The jury returned a unanimous verdict in favor of Abercrombie & Fitch on all claims. The case was profiled in the Daily Journal—California’s largest legal publication—as one of the Top 10 “Defense Wins” in California that year. Some of Mike’s other successes as lead trial counsel include obtaining final judgments and permanent injunctions on behalf of several clients including: a national hospitality chain, a consumer products company selling the No. 1 toy on Amazon.com, and the creator of Angry Birds. His intellectual property clients have also included the likes of Hall of Fame Major League Slugger George Brett, Facebook, Foot Locker, Beats Electronics, LLC (Beats by Dr. Dre), TikTok, Viacom, Corona Beer, Target, Helly Hansen, the North Face, the Mayo Clinic, the University of Minnesota, Del Monte, and Carmex.