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
- Survey supports baseball team claims
- Athletic shoe manufacturer uses survey data to prevail against retailer
- Dental supplier defends trade dress by critiquing Plaintiff survey
Our client, a manufacturer of supplies used by oral surgeons, was accused of product configuration trade dress infringement by a much larger manufacturer. To support its claim, the plaintiff produced two surveys. One purported to establish that the product configuration had secondary meaning and the other attempted to show confusion related to this design. Under the direction of our expert, AMS evaluated the validity of both of the plaintiff’s expert reports and surveys. We showed that both studies were critically flawed and could not be relied upon as evidence of either secondary meaning or confusion. These flaws included how the universe was defined, how the sample was selected, how the products were shown to respondents and how responses were collected and coded. The court agreed with this analysis and cited our expert in his ruling, which granted summary judgment to our client.
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
Send inquiries to litigation@ams-inc.com
