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
- Survey rebuttals aid defendant in drug dispensing case
Antitrust/Market Analysis
AMS participated in a study to help determine “network effects” in a major antitrust suit against a computer software manufacturer. Together with our expert, we conducted a conjoint study of the projected penetration of a hypothetical new brand of desktop software. We designed a computer-based study of consumer and business purchasers, which asked respondents to consider a hypothetical new operating system-productivity suite combination. The characteristics considered in the study included price, the percentage of computer users who had adopted the new software, and the availability of customer support. We found that when the respondents were asked to consider equally functional operating system-productivity suite combinations, the one that had a higher installed base was the preferred brand, thereby supporting the manufacturer’s position.
- 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