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The Importance of Selecting a Proper Control

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...

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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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