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
- 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
AMS provided critical survey data in a landmark case involving alleged copyright infringement of a popular spreadsheet program. We provided survey expertise to an economic consulting firm that was retained by the defendant to develop damages estimates and critique the plaintiff’s damages models. We first conducted a Voice of the Customer analysis to generate the list of attributes consumers considered in their software purchases. We then used these attributes in a conjoint study to capture statistical data on consumer buying preferences. Based on this information, our expert showed that the aspects of the menu structure in dispute were not as critical as the plaintiff had asserted. The First Circuit found for our client, concluding that the allegedly infringing features were not copyrightable. The plaintiff appealed to the Supreme Court, which did not reverse the First Circuit’s opinion.
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
