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
- 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
Potential class members claimed they had been harmed by a building materials product with possible carcinogenic properties. AMS was retained by a leading economic consulting firm on behalf of the defendant to oppose the attempt to certify the class. We conducted a survey of putative class members, which demonstrated substantial variability in the applications and climates where the materials had been used. Specific differences included: reasons the product was used, methods of using the product, the purchase decision process, factors influencing the product choice, and level of satisfaction with the product. The judge agreed with our analysis, denying certification primarily because the claims lacked the required typicality. He found, instead, that there were far too many individual issues to qualify as a class.
- 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
