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Reasons to Hire a Third Party to Substantiate Your Advertising Claims

The benefits of powerful advertising claims are numerous, but often powerful claims require substantiation.  Innovations in technology platforms have encouraged many companies to approach claim...

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Surveys Support GlaxoSmithKline's Use of Dentist Recommended Brand Claims

Recently, under the National Advertising Division (NAD), Colgate-Palmolive Company (Colgate) brought a challenge against GlaxoSmithKline Consumer Healthcare (GSK) for its “#1 Dentist Recommended...

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Claim Substantiation, False Advertising

Mommy's Bliss Gripe Water Claims Recommended by NAD to be Discontinued Due to Weak Supporting Evidence

Following a challenge by Johnson & Johnson Consumer, Inc. (J&J) at the National Advertising Division (NAD)the NAD recommended that Mommy Bliss, Inc. (Mommy Bliss) discontinue all performance, speed...

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Claim Substantiation

Court requests non-anecdotal evidence of consumer deception in review of a motion for preliminary injunction in a false advertising case

Repro-Med Systems (RMS) and EMED Technologies (EMED) are both manufacturers of medical devices and have been fighting in court for years claiming that the other party made false and deceptive...

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False Advertising

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

FAQs from the INTA 2019 Annual Meeting

AMS had a great time at the International Trademark Association’s 2019 Annual Meeting in our hometown of Boston! We enjoyed reuniting with friends and colleagues at events and meeting the many ...

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Trademark

Frequently Asked Questions about Proving Irreparable Harm with Consumer Surveys

AMS Survey Expert, Brian Sowers, Senior Manager, Marcello Santana, Esq., and Senior Analyst, Laura Paige, Ph.D., answer a few questions from their recent webinar, Proving Irreparable Harm with...

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Likelihood of Confusion

Pitfalls of Not Conducting a Likelihood of Confusion Survey

Consumer surveys can be a powerful tool to prove or disprove likelihood of confusion in TTAB casesA failure to conduct one may ultimately result in the Boardeven with little to no evidence,...

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Likelihood of Confusion, Trademark

Proving Irreparable Harm with Consumer Surveys

In a recent case, Puma sought a preliminary injunction against Forever 21, after the popular fashion retailer began producing an alleged knock-off of Puma’s Fenty Creeper sneaker, as well as the Fur...

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Frequently Asked Questions about Trademark Surveys

AMS Survey Expert, Jacqueline Chorn and Senior Manager, Marcello Santana, answer a few questions from their recent webinar, Surveys in Trademark Litigation.

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Trademark

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