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Trademark dilution surveys: the senior user must first prove that its mark is famous

Before commissioning a trademark dilution survey, plaintiffs must first establish that its senior mark is famous. One of the most widely used and accepted methods for establishing fame is to conduct...

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Trademark

The importance of consumer surveys in deceptive advertising matters

Litigants in false advertising matters can often underestimate the impact of consumer surveys in proving or refuting allegations of deception. One example is Trex Co. v CPG International, two...

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Deceptive Advertising

The importance of survey evidence to establish secondary meaning and likelihood of confusion

In Milk Street Cafe, Inc. vs. CPK Media, LLC, the plaintiffs claimed that their “Milk Street Cafe” trademark had acquired secondary meaning and that CPK’s use of the “Christopher Kimball’s Milk...

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Trademark

Miami federal judge approves class action settlement based on AMS conjoint analysis survey

July 24, 2017

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Class Action/Class Certification, Conjoint Analysis, News

Advertising claims: Claims Substantiation and Consumer Perception – Part 2

Last week, we offered tips on how to take consumer perception into account when planning claim substantiation research to evaluate support for your advertising claims. Today, we continue the...

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Claim Substantiation

Advertising Claims: Claims Substantiation and Consumer Perception

When planning claim substantiation research to evaluate support for a new advertising claim, it’s important to look beyond “literal" claim substantiation and also consider the messages that consumers...

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Claim Substantiation

Frequently Asked Questions about Surveys for IP Cases

As a follow-up to our webinar, “Survey Evidence in Intellectual Property (and other) Litigation,” Applied Marketing Science answers a few questions about surveys for intellectual property cases.

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Trademark

AMS-Affiliated Survey Expert Ravi Dhar Named Second-Most Productive Marketing Scholar of Decade

The American Marketing Association (AMA) recently ranked Dr. Ravi Dhar, a survey research expert affiliated with Applied Marketing Science, Inc., as the second-most productive marketing scholar of...

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News

United States District Court District of Minnesota grants class certification in security software class action case based on conjoint survey

In re: Devi Khoday And Danise Townsend v. Symantec Corp. and Digital River, Inc., Civil No. 11-180 (JRT/TNL) , Class Certification Ruling March 19, 2015

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Class Action/Class Certification, Conjoint Analysis

New Hampshire US District Court grants class certification in Dial soap case based on conjoint survey

In re: Dial Complete Marketing MDL Case No. 11-md-2263-SM and Sales Practices Litigation ALL CASES Opinion No. 2017 DNH 051 dated March 27, 2017

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Class Action/Class Certification, Conjoint Analysis

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