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Frequently Asked Questions about Consumer Surveys used in Trademark Litigation

AMS Survey Expert, Brian Sowers, Associate Principal, Jacqueline A. Chorn, and Associate Principal, Marcello Santana, Esq., recently presented a webinar, Surveys in Trademark Litigation. In the...

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Trademark, Webinar

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

Lack of a Consumer Survey May Have “Shot” Down a Defense of Non-Genericness

In the case Threshold Enterprises, Ltd. v. Pressed Juicery, Inc., the U.S. District Court for the Northern District of California granted Defendant’s motion to cancel the mark “Wellness Shot” on the...

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Genericness, 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

Brian Sowers and Jacqueline Chorn, Ph.D. selected to serve on INTA Committees

Applied Marketing Science (AMS) is proud to announce that Brian Sowers and Jacqueline A. Chorn, Ph.D. have both been recently selected to serve on committees for the International Trademark...

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Trademark

FAQs from the INTA 2019 Annual Meeting

AMS had a great time at the International Trademark Association’s 2019 Annual Meeting in our hometown of Boston! We enjoyed reuniting with friends and colleagues at events and meeting the many ...

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Trademark

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

Frequently Asked Questions about Trademark Surveys

AMS Survey Expert, Jacqueline Chorn and Senior Manager, Marcello Santana, answer a few questions from their recent webinar, Surveys in Trademark Litigation.

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Trademark

What Makes a Survey for Litigation Successful?

Surveys have become a routine form of evidence for courts in cases involving trademarks and deceptive advertising. Although it may appear simple to design a survey (don’t you simply write some...

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Trademark

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