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Rachelyn Provencher

Recent Posts

AMS Marks 20th Class Certification Ruling Supporting Conjoint Analysis as a Basis for Damages Models in Class Actions

Applied Marketing Science, Inc. (AMS), a leading-edge market research and consulting firm, is pleased to announce that a recent court ruling marks a milestone in the use of conjoint analysis as a...

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Conjoint Analysis, News

Join Us at the 2021 Annual INTA Meeting

Come and virtually meet the Applied Marketing Science (AMS) litigation support team at the world’s premier intellectual property (IP) event, the INTA 2021 Annual Meeting Virtual+. The 2021 Annual...

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Trademark, Conference

Juanjuan Zhang Has Affiliated with the Firm's Litigation Support Practice

Applied Marketing Science, Inc. (AMS), a leading-edge market research and consulting firm, is pleased to announce that Juanjuan Zhang has affiliated with the firm’s Litigation Support practice.

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News

Brian Sowers and Jacqueline Chorn, Ph.D. selected to serve on INTA Committees

Applied Marketing Science (AMS) is proud to announce that Brian Sowers and Jacqueline A. Chorn, Ph.D. have both been recently selected to serve on committees for the International Trademark...

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Trademark

District Court Reverses TTAB Dismissal of Opposition Partly Based on “Powerful” Survey Evidence

In the recent case, Combe Incorporated v. Dr. August Wolff GmbH & Co. KG Arzneimittel, Civil Action No. 1:17-cv-00935 (E.D. Va. May 23, 2019), the U.S. District Court for the Eastern District of...

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Likelihood of Confusion

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

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

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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