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Applied Marketing Science's survey rebuttal is key in recent TTAB decision

In the recent TTAB decision (Omaha Steaks International, Inc. v. Greater Omaha Packing Co., Inc., Consolidated Opposition No. 91213527 and Cancellations Nos. 92059629 and 92059455), Applied Marketing Science, Inc. Chairman Robert Klein provided rebuttal testimony on behalf of Greater Omaha Packing that identified the flaws in the survey proffered by Omaha Steaks. The opinion by Judge Jyll Taylor agreed with Mr. Klein’s key criticism and found that the plaintiff’s survey “is entitled to little probative value because it is fundamentally flawed.” Greater Omaha Packing was represented by Stephen Samuels of Samuels & Hiebert LLC of Boston, MA.

Our trademark experts are experienced in conducting consumer surveys for litigation and have a strong understanding of the legal standards for survey research in both Lanham Act litigation as well as TTAB proceedings.

Applied Marketing Science (AMS) provides market research, consulting and expert insight for innovation and litigation. Our Litigation Support practice conducts market surveys related to consumer perceptions, behaviors and experience in trademark, deceptive advertising, patent damages, class action, and many other types of litigation. For more information about AMS Litigation Support services please contact Jason Och at joch@ams-inc.com.

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