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Surges in False Advertising Cases Related to COVID-19

The U.S. Food and Drug Administration (FDA), the Federal Trade Commission (FTC), and the National Advertising Division (NAD) have been warning companies to avoid making fraudulent claims or implying...

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Deceptive Advertising, False Advertising

AMS Offers Free CLE-Eligible Webinar on Use of Survey Evidence in Intellectual Property Litigation

Consumer surveys are one of the most powerful tools available in trademark or trade dress infringement cases, deceptive advertising matters, class actions, and many other types of litigation....

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Deceptive Advertising, Class Action/Class Certification, Likelihood of Confusion, Trademark, False Advertising, Webinar

A Likelihood of Confusion Survey May Have Carried Substantial “Weight” in This Fitness Equipment Trademark Dispute

In the case Max Rack, Inc. v Core Health and Fitness, LLC., the U.S. District Court for the Southern District of Ohio denied MRI’s summary judgment motion for trademark infringement. MRI markets and...

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Likelihood of Confusion, Trademark

US District Court Grants Class Certification against Post Foods Based on AMS Conjoint Surveys

Debbie Krommenhock, et al., v Post Foods, LLC, Case No. 3:16-cv-04958-WHO, Class Certification Ruling March 9, 2020 

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Class Action/Class Certification, Conjoint Analysis

Lack of a Consumer Survey May Have “Shot” Down a Defense of Non-Genericness

In the case Threshold Enterprises, Ltd. v. Pressed Juicery, Inc., the U.S. District Court for the Northern District of California granted Defendant’s motion to cancel the mark “Wellness Shot” on the...

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Genericness, Trademark

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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A Consumer Survey May Have Been the Best Pairing with this Wine

In the case, San Antonio Winery, Inc. and Merritt Estate Winery, Inc. v. Enovation Brands, Inc., Civil Action No. 20-20515-Civ-Scola (S.D. Fla. Feb 24, 2020), the U.S. District Court for the Southern...

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Likelihood of Confusion, Trademark, Secondary Meaning

AMS Survey Expert Jacqueline Chorn Presents at 2019 ANA/BAA Conference

Jacqueline Chorn, Ph.D. recently represented Applied Marketing Science at the 2019 ANA/BAA Conference in San Diego, leading a roundtable on the “Best practices for online consumer perception...

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Applied Marketing Science's Likelihood of Confusion Survey is Found to be Persuasive in Supporting Motion for Summary Judgment and Permanent Injunction

In 2012, fifty-five parishes of The Episcopal Church in South Carolina disassociated from the national Episcopal Church organization over disagreements with various policies of the national church....

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Likelihood of Confusion

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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