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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 toolto prove or disprove likelihood of confusion inTTAB 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 Experts and researchers, answer a few questions from a 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 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...

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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

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

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