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The Importance of Consumer Surveys in Establishing Secondary Meaning

A trademark has acquired secondary meaning when it becomes recognized as a specific good or service originating from a single source. Trademarks that are considered to be merely descriptive of the...

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Trademark, Secondary Meaning

Surveys Used to Determine Secondary Meaning

If a proposed trademark or service mark is not inherently distinctive, it may be registered on the Principal Register only upon proof of acquired distinctiveness, or "secondary meaning." In order to...

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Trademark, Secondary Meaning

Letter From the President

Dear Friends, 

2019 is a notable year for AMS, as we will mark the 30th anniversary of our founding. As we celebrate this milestone, it is worth reflecting on all that we have achieved and our hopes...

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News

The Value of Proposing Conjoint Analysis in Support of Damages Models for Class Certification

A recent decision by a California court sheds light on the value of proposing conjoint analysis to support a damages model in class certification.

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Class Action/Class Certification, Conjoint Analysis

AMS Provides Persuasive Rebuttal in Backyard BBQ Infringement Matter

In a recent case in the Eastern District of North Carolina (Variety Stores, Inc. v Wal-Mart Stores, Inc., Civil Action No. 5:14-cv-00217), the jury found Wal-Mart guilty of willful infringement of...

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Likelihood of Confusion, Trademark

Frequently Asked Questions about Consumer Perception Surveys in False Advertising Matters

AMS Survey Experts, Jacqueline Chorn and Brian Sowers, answer a few questions from their recent webinar "Consumer Perception Surveys in False Advertising Matters".

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False Advertising

Frequently Asked Questions about Field Support for Litigation Research

As a follow-up to our webinar, Applied Marketing Science answers a few questions about offering field support for litigation research.

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From Development to Defense: The Comprehensive Advertising Claims Process

Claims development is the process of developing effective advertising and packaging claims that drive sales and strengthen brands.

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Claim Substantiation

AMS/Venable LLP Webinar: Consumer Surveys in Advertising Law

Consumer surveys play an increasingly important role in advertising law, whether it’s a Lanham Act case, a regulatory or self-regulatory matteror just internal counseling. Yet, despite the...

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News, Webinar

Would a False Advertising Survey Have Carried “Weight”?

Dr. Pepper/Seven Up Inc. will not have to face a class-action lawsuit filed by a woman who claimed diet soda did not help her lose weight. In his Aug. 21 order, Judge William Orrick of the U.S....

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False Advertising

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