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 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...
Consumer surveysfor 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...
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...
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...
Daubert, Likelihood of Confusion, Survey Rebuttal Critique, Trademark