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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

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 with...

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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

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