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...
Blog
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...
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...
July 24, 2017
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...
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...
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.
Conjoint analysis surveys are one of the most powerful tools available to provide a basis for the calculation of damages in class action litigation. Yet, despite the increasing use of such surveys,...
Consumer surveys are one of the most powerful tools available in trademark or trade dress infringement cases, deceptive advertising, class action cases, and many other types of litigation. Yet...
Deceptive Advertising, Class Action/Class Certification, Trademark
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...