On June 8, the U.S. Supreme Court released a ruling with comments relevant to likelihood of confusion surveys. In Jack Daniel’s Properties, Inc. v. VIP Products LLC, the maker of Jack Daniel’s brand whiskey sued...
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The Supreme Court to Decide Whether “Bad Spaniels” Infringed on Jack Daniels
VIP Products manufactures and sells a squeak toy for dogs called “Bad Spaniels.” Makers of Jack Daniel’s whiskey allege that the toy infringes on its trademarks. Makers of Bad Spaniels assert that the product is...
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When Do You Need a False Advertising Survey?
There are three kinds of false advertising claims that companies might make in their advertising or product packaging. But only one kind of claim may need a survey to provide evidence of false advertising. A...
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Three Essential Elements of a Genericness Survey
So, you need a genericness survey, but you don’t know where to begin? This article explains the process for measuring genericness. To start with, there are two main types of genericness surveys: a Teflon survey,...
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Apple v. Samsung: The Next Round of Survey Evidence
Most readers of this blog know that over recent years, Apple and Samsung have engaged in high-profile litigation over certain patents used in smartphones and tablets. A decision was just provided in a trial involving...
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