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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

Barker Boatworks Granted Summary Judgment in Trade Dress Dispute with Yellowfin Yachts

Recently in the Middle District of Florida (8:15-cv-00990-SDM-TGW), United States District Judge Steven D. Merryday granted the motion for summary judgment by defendant Barker Boatworks, LLC, after...

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Daubert, Likelihood of Confusion, Survey Rebuttal Critique, Trademark

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