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.