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Court Upholds Use of Conjoint Analysis for Calculating Classwide Damages

The Ninth Circuit recently upheld the certification of a consumer class alleging that “all natural” labels on ConAgra's Wesson cooking oil misled customers who were concerned about genetically...

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Class Action/Class Certification, Conjoint Analysis

Walmart Stores Ordered to Disgorge to Variety Stores, Inc. Over $32,000,000

Recently in the Eastern District of North Carolina (5:14-CV-217-BO), United States District Judge Terrence W. Boyle ordered Walmart Stores to disgorge to Variety Stores, Inc. over $32,000,000 in...

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News, Trademark

AMS Co-Founder Professor John R. Hauser Receives Honorary Doctorate from the Erasmus School of Economics

On Wednesday, Nov. 8, 2016, Erasmus University celebrated its 103rd Dies Natalis (anniversary celebrations) with the theme “Consumer Behaviour in the Digital Economy.”

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News

AMS Announces New Survey Research Expert Affiliate

WALTHAM, MA, July 5, 2016 – Applied Marketing Science, Inc. (AMS), a leading-edge market research and consulting firm, is pleased to announce that Dr. David Stewart has affiliated with the firm’s...

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News

With No Survey for Support, Bodipedic Mark is Put to Rest

A November 13, 2015 TTAB decision (Dan Foam ApS v. Innocor, Inc., Cancellation No. 92054201 resulted in the cancellation of the Bodipedic and design trademark based on a likelihood of confusion...

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Trademark

TTAB Ruling Precludes Subsequent Litigation (as Predicted)

The Supreme Court ruled in B&B Hardware, Inc. v. Hargis Industries that a TTAB ruling can have (in certain cases) a “preclusive effect” on subsequent actions in federal court (see earlier blog entry ...

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Trademark

Losing Interest in Initial Interest Confusion

The recent decision by the Ninth Circuit in MultiTime Machine, Inc. v. Amazon.com, Inc. could spell the beginning of the end of “initial interest confusion” as a cause of action in internet commerce...

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Trademark

Court Accepts Conjoint Analysis Survey Results as Proof of “Irreparable Harm”

In the long-running patent battle between Apple and Samsung, the Second Circuit recently issued its verdict on the appeal of the original case (5:12-cv-00630-LHK) that resulted in a big cash award...

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Patent Infringement

Survey Evidence Cited in Appeals Court Decision

In a 2015 decision by the Fourth Circuit Court of Appeals, survey evidence was frequently cited in support of the lower court’s decision. The case was Design Resources, Inc. v Leather Industries of...

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Deceptive Advertising

Understocked on Survey Evidence

A recent Trademark Trial and Appeal Board (TTAB) decision in the matter of Overstock.com, Inc. v. J. Becker Management rejected Overstock.com’s opposition to the registration of this mark:

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Trademark

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