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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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Trademark, Likelihood of Confusion

FAQs from the INTA 2018 Annual Meeting

AMS had a great time at the International Trademark Association’s 2018 Annual Meeting in Seattle, reuniting with friends and colleagues, and learning about the newest developments in trademark law....

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Trademark

Meet the Expert: Jacqueline Chorn

As the third installment in our Meet the Experts Series, we'll be speaking to survey expert Jacqueline ChornJacqueline Chorn is a Senior Manager and Survey Expert in the Litigation Support practice

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Claim Substantiation, Trademark

Serial Podcast Denied Trademark Registration

Last month, Adnan Syed, whose murder charges are discussed in the popular podcast, “Serial”, was granted a new trial by the Maryland Court of Special Appeals. However, as is referenced in TCMA.com’s ...

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Trademark, Genericness

Meet the Expert: Brian Sowers

In the second installment of our Meet the Experts Series, we'll be speaking to survey expert Brian Sowers.

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Trademark

The Use of Consumer Surveys to Prove Irreparable Harm

 To secure a preliminary injunction in a trademark infringement action, the plaintiff must show both a likelihood of success on the merits and proof of irreparable harm. Although it used to be that...

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Trademark

AMS survey expert Dr. Geoffrey Fong provides key testimony in recent trademark infringement case

In Select Comfort Corporation v. Dires LLC (0:12-cv-02899-DWF-SER), the plaintiffs claimed that Dires used various Select Comfort trademarks including “Sleep Number” as part of a Google AdWords...

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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

Applied Marketing Science's survey rebuttal is key in recent TTAB decision

In the recent TTAB decision (Omaha Steaks International, Inc. v. Greater Omaha Packing Co., Inc., Consolidated Opposition No. 91213527 and Cancellations Nos. 92059629 and 92059455), Applied Marketing...

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Trademark

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