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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 Variety’s “Backyard BBQ” trademark. Robert Klein, Chairman and Co-Founder of Applied Marketing Science, Inc. provided rebuttal testimony to Wal-Mart’s survey experts who had opined that there was no likelihood of confusion. Variety Stores was represented by the firm of Shumaker, Loop & Kendrick, LLP

To learn more about likelihood of confusion surveys, or about rebuttal surveys and reports, please contact us. 

 

Likelihood of Confusion, Trademark

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