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AMS Offers Free CLE-Eligible Webinar on Use of Survey Evidence in Intellectual Property Litigation

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....

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Deceptive Advertising, Class Action/Class Certification, Likelihood of Confusion, Trademark, False Advertising, Webinar

A Likelihood of Confusion Survey May Have Carried Substantial “Weight” in This Fitness Equipment Trademark Dispute

In the case Max Rack, Inc. v Core Health and Fitness, LLC., the U.S. District Court for the Southern District of Ohio denied MRI’s summary judgment motion for trademark infringement. MRI markets and...

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Likelihood of Confusion, Trademark

A Consumer Survey May Have Been the Best Pairing with this Wine

In the case, San Antonio Winery, Inc. and Merritt Estate Winery, Inc. v. Enovation Brands, Inc., Civil Action No. 20-20515-Civ-Scola (S.D. Fla. Feb 24, 2020), the U.S. District Court for the Southern...

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Likelihood of Confusion, Trademark, Secondary Meaning

Applied Marketing Science's Likelihood of Confusion Survey is Found to be Persuasive in Supporting Motion for Summary Judgment and Permanent Injunction

In 2012, fifty-five parishes of The Episcopal Church in South Carolina disassociated from the national Episcopal Church organization over disagreements with various policies of the national church....

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Likelihood of Confusion

District Court Reverses TTAB Dismissal of Opposition Partly Based on “Powerful” Survey Evidence

In the recent case, Combe Incorporated v. Dr. August Wolff GmbH & Co. KG Arzneimittel, Civil Action No. 1:17-cv-00935 (E.D. Va. May 23, 2019), the U.S. District Court for the Eastern District of...

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Likelihood of Confusion

Frequently Asked Questions about Proving Irreparable Harm with Consumer Surveys

AMS Survey Expert, Brian Sowers, Senior Manager, Marcello Santana, Esq., and Senior Analyst, Laura Paige, Ph.D., answer a few questions from their recent webinar, Proving Irreparable Harm with...

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Likelihood of Confusion

Pitfalls of Not Conducting a Likelihood of Confusion Survey

Consumer surveys can be a powerful tool to prove or disprove likelihood of confusion in TTAB casesA failure to conduct one may ultimately result in the Boardeven with little to no evidence,...

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Likelihood of Confusion, Trademark

AMS Provides Persuasive Rebuttal in Backyard BBQ Infringement Matter

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...

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Likelihood of Confusion, Trademark

The Importance of Selecting a Proper Control

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...

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Likelihood of Confusion, Trademark

Sealed lips do not help prove likelihood of confusion in lip product case

One of the most widely used and accepted methods for establishing trademark infringement is to conduct a likelihood of confusion survey among the relevant consumer population. Survey evidence in...

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Likelihood of Confusion, Trademark

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