Applied Marketing Science, Inc. (AMS) will be shining a light on "dark patterns" at the 2023 Association of National Advertisers (ANA) Masters of Advertising Law Conference, taking place in Orlando,...
Applied Marketing Science, Inc. (AMS) is a proud sponsor of the upcoming 2023 National Advertising Division (NAD) annual conference, which will take place in Philadelphia, PA, from September 19th to...
Consumer surveys can provide valuable empirical evidence in Lanham Act matters, class actions, and many other types of litigation. Sometimes a survey may be the only way to obtainrelevant evidence. ...
Deceptive Advertising, Likelihood of Confusion, News, Trademark
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...
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....
Deceptive Advertising, Class Action/Class Certification, Likelihood of Confusion, Trademark, False Advertising, Webinar
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 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...
A 2015 article1 published by Shari Diamond and David Franklyn reports the results of a survey(!) of trademark attorneys on the role that surveys play in the ultimate resolution of a case. They note...
In a March 2015 teleconference sponsored by the ABA entitled Irreparable Harm in Lanham Act False Advertising Litigation, three distinguished panel members (Roger Colaizzi of Venable, David Bernstein...
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