Case: Reflex Media, Inc. et al v. Successfulmatch.com, et al. Case 3:20-cv-06393-JD
Plaintiff Reflex Media, Inc. operates Seeking.com, a premier luxury dating site. Plaintiff alleged that Defendant SuccessfulMatch.com promoted a competing dating site through online advertising, websites, and social media posts that infringed Plaintiff’s Seeking.com registered trademarks. In response, Defendant alleged that Plaintiff’s trademarks were generic and therefore not protectable.
After a two-week trial, a California jury unanimously concluded that Plaintiff’s Seeking.com trademarks were not generic, and that Defendant had infringed Plaintiff’s trademarks. Plaintiff’s survey, conducted by Applied Marketing Science, Inc. (AMS) Principal and Testifying Expert, Brian M. Sowers, successfully demonstrated that relevant consumers do not perceive Plaintiff’s marks to be generic names.
The decision is a tremendous win for Reflex Media. Remedies are expected to include monetary damages and injunctive relief, though the exact scope will be determined in post-trial rulings.
AMS Principal Brian M. Sowers served as testifying survey expert on behalf of Reflex Media, represented by A&O Shearman and SF Firm, LLP.
To learn more about AMS Litigation Support services, Survey Expert Brian M. Sowers, or surveys for false advertising litigation matters, please contact Mr. Sowers.