Trademark
- AMS Survey Cited as Basis for Precedential TTAB Dilution Claim Decision
- Judge rules for Plaintiff in bakery trademark matter
- Distinctiveness at issue in trademark case
- Survey leads to withdrawal of trademark registration application
- Survey showing secondary meaning leads to license agreement
- Insurance company survey blocks use of name by brokerage agency
- Summary judgment for search engine provider driven by survey rebuttal critique
In this case, the plaintiff sued a search engine provider, claiming that its trademark was being violated in a competitor’s online advertising. The plaintiff said it was losing customers who used the search engine to look for their service, but were then led to other websites that win business at their expense. The attorneys for the search engine provider argued that the company was simply acting as a publisher by allowing competitors’ ads to appear on the same screen when the names of their rivals are typed in. An AMS expert provided a rebuttal report regarding a confusion survey conducted by the plaintiff’s market research expert. In the rebuttal report, the AMS expert pointed out the many critical flaws in the survey, thereby showing that it could not be relied upon by the Court as evidence that sponsored links were confusing consumers. A U.S. District Court judge agreed and ruled that there was no evidence of confusion, in granting defendant’s motion for summary judgment on that issue.
- Survey supports baseball team claims
- Athletic shoe manufacturer uses survey data to prevail against retailer
- Dental supplier defends trade dress by critiquing Plaintiff survey
- Survey shows toy packaging causes confusion
- Survey leads to settlement in arcade game case
Deceptive Advertising
- Survey showing lack of deception in office product advertising
- Survey evaluates impact of deceptive ad claims on consumer perceptions
- Judge cites survey in denying class certification in food additive case
- Survey results block preliminary injunction in bank slogan case
- State AG uses survey to establish unfair practices in telecom case
Class Certification
- Proxy group surveyed in automobile rental class action case
- Survey results defeat class certification in matter alleging carcinogenic effects
- Judge cites survey showing no reliance in denying class certification
- Class certification defeated based on survey of homeowners
Patent Infringement
- Patent infringement survey using conjoint analysis supports $70 million award
- Survey helps value specific feature of software product
- Drug patents battle relies on survey data
- Infringing feature of software product valued using survey
- Survey rebuttals aid defendant in drug dispensing case
Antitrust/Market Analysis
- Major software company relies on survey to define market in antitrust case
- Survey measuring impact of rumors on sales helps client win $19 million judgment
- Survey helps auto manufacturer properly forecast sales
- Real estate market analysis relies on survey data
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