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Frequently Asked Questions about Surveys for IP Cases

As a follow-up to our webinar, “Survey Evidence in Intellectual Property (and other) Litigation,” Applied Marketing Science answers a few questions about surveys for intellectual property cases.

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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

Walmart Stores Ordered to Disgorge to Variety Stores, Inc. Over $32,000,000

Recently in the Eastern District of North Carolina (5:14-CV-217-BO), United States District Judge Terrence W. Boyle ordered Walmart Stores to disgorge to Variety Stores, Inc. over $32,000,000 in...

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News, Trademark

With No Survey for Support, Bodipedic Mark is Put to Rest

A November 13, 2015 TTAB decision (Dan Foam ApS v. Innocor, Inc., Cancellation No. 92054201 resulted in the cancellation of the Bodipedic and design trademark based on a likelihood of confusion...

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Trademark

TTAB Ruling Precludes Subsequent Litigation (as Predicted)

The Supreme Court ruled in B&B Hardware, Inc. v. Hargis Industries that a TTAB ruling can have (in certain cases) a “preclusive effect” on subsequent actions in federal court (see earlier blog entry ...

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Trademark

Losing Interest in Initial Interest Confusion

The recent decision by the Ninth Circuit in MultiTime Machine, Inc. v. Amazon.com, Inc. could spell the beginning of the end of “initial interest confusion” as a cause of action in internet commerce...

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Trademark

Understocked on Survey Evidence

A recent Trademark Trial and Appeal Board (TTAB) decision in the matter of Overstock.com, Inc. v. J. Becker Management rejected Overstock.com’s opposition to the registration of this mark:

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Trademark

For Lack of a Survey…(This Time on Fame at the TTAB)

John Welch blogged about the TTAB’s decision to sustain the opposition to registration of the mark THE HOUSE THAT JUICE BUILT (and a related design mark) for various baseball related items. The Board...

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Trademark

New Evidence that “Good Data Drives Out Bad Cases”

A 2015 article1 published by Shari Diamond and David Franklyn reports the results of a survey(!) of trademark attorneys on the role that surveys play in the ultimate resolution of a case. They note...

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Deceptive Advertising, Trademark

Could a Survey Have Saved This Trademark?

The Court of Appeals for the Federal Circuit (CAFC) has affirmed the TTAB’s ruling that NOPALEA is merely descriptive when used for a dietary supplement that contains Nopal juice. (John Welch blogs...

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Trademark

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