In Select Comfort Corporation v. Dires LLC (0:12-cv-02899-DWF-SER), the plaintiffs claimed that Dires used various Select Comfort trademarks including “Sleep Number” as part of a Google AdWords...
One of the most widely used and accepted methods for establishing trademark infringement is to conduct a likelihood of confusion survey among the relevant consumer population. Survey evidence in...
In the recent TTAB decision (Omaha Steaks International, Inc. v. Greater Omaha Packing Co., Inc., Consolidated Opposition No. 91213527 and Cancellations Nos. 92059629 and 92059455), Applied Marketing...
In the end, a consumer survey helped carry the day for Booking.com.
Before commissioning a trademark dilution survey, plaintiffs must first establish that its senior mark is famous. One of the most widely used and accepted methods for establishing fame is to conduct...
In Milk Street Cafe, Inc. vs. CPK Media, LLC, the plaintiffs claimed that their “Milk Street Cafe” trademark had acquired secondary meaning and that CPK’s use of the “Christopher Kimball’s Milk...
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.
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...
Daubert, Likelihood of Confusion, Survey Rebuttal Critique, Trademark
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...
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 with...