Consumer surveys can be a powerful toolto prove or disprove likelihood of confusion inTTAB cases. A failure to conduct one may ultimately result in the Board, even with little to no evidence,...
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...
AMS Survey Experts and researchers, answer a few questions from a recent webinar, Surveys in Trademark Litigation.
Come meet our litigation team during the 141st INTA Annual Meeting, hosted in our hometown of Boston, MA! Last year’s meeting was the largest to date, with over 9500 attendees from 140 countries.
Surveys have become a routine form of evidence for courts in cases involving trademarks and deceptive advertising. Although it may appear simple to design a survey (don’t you simply write some...
A trademark has acquired secondary meaning when it becomes recognized as a specific good or service originating from a single source. Trademarks that are considered to be merely descriptive of the...
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 30thanniversary of our founding. As we celebrate this milestone, it is worth reflecting on all that we have achievedand 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...