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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

The Importance of Consumer Surveys in Establishing Secondary Meaning

A trademark has acquired secondary meaning when it becomes recognized as a specific good or service originating from a single source. Trademarks that are considered to be merely descriptive of the...

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Trademark, Secondary Meaning

Surveys Used to Determine Secondary Meaning

If a proposed trademark or service mark is not inherently distinctive, it may be registered on the Principal Register only upon proof of acquired distinctiveness, or "secondary meaning." In order to...

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Trademark, Secondary Meaning

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

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

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