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...
Dear Friends,
2019 is a notable year for AMS, as we will mark the 30th anniversary of our founding. As we celebrate this milestone, it is worth reflecting on all that we have achieved and our hopes...
A recent decision by a California court sheds light on the value of proposing conjoint analysis to support a damages model in class certification.
In a recent case in the Eastern District of North Carolina (Variety Stores, Inc. v Wal-Mart Stores, Inc., Civil Action No. 5:14-cv-00217), the jury found Wal-Mart guilty of willful infringement of...
AMS Survey Experts, Jacqueline Chorn and Brian Sowers, answer a few questions from their recent webinar "Consumer Perception Surveys in False Advertising Matters".
As a follow-up to our webinar, Applied Marketing Science answers a few questions about offering field support for litigation research.
Claims development is the process of developing effective advertising and packaging claims that drive sales and strengthen brands.
Consumer surveys play an increasingly important role in advertising law, whether it’s a Lanham Act case, a regulatory or self-regulatory matter, or just internal counseling. Yet, despite the...
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....
Consumer surveys for trademark infringement cases can be a powerful and persuasive piece of evidence. However, a failure to follow accepted survey standards opens up a survey to criticism which may...