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...
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...
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 ...
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,...
AMS Survey Experts and researchers, answer a few questions from a recent webinar, Surveys in Trademark Litigation.
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...
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...
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...
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...