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The Use of Consumer Surveys to Prove Irreparable Harm

 To secure a preliminary injunction in a trademark infringement action, the plaintiff must show both a likelihood of success on the merits and proof of irreparable harm. Although it used to be that...

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Trademark

AMS survey expert Dr. Geoffrey Fong provides key testimony in recent trademark infringement case

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...

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Trademark

Sealed lips do not help prove likelihood of confusion in lip product case

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...

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Likelihood of Confusion, Trademark

Applied Marketing Science's survey rebuttal is key in recent TTAB decision

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...

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Trademark

Genericness survey cited as a basis for ruling that the Booking.com trademark is not generic

In the end, a consumer survey helped carry the day for Booking.com.

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Genericness, Trademark

Trademark dilution surveys: the senior user must first prove that its mark is famous

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...

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Trademark

The importance of survey evidence to establish secondary meaning and likelihood of confusion

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...

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Trademark

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

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