Likelihood of Confusion Surveys/Infringement

When Do You Need a False Advertising Survey?

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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 recent false advertising lawsuit against a pregnancy test manufacturer demonstrates the kind of false advertising claim that may not need a survey, while a lawsuit against a beverage maker demonstrates the kind of false advertising claim that can be measured by a survey. Read More When Do You Need a False Advertising Survey?

Three Essential Elements of a Genericness Survey

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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, and a Thermos survey.The Thermos survey has its merits, and it might be appropriate in some cases. However, the Teflon survey is more commonly used in genericness cases, Read More Three Essential Elements of a Genericness Survey

Survey Evidence to Evaluate Religious Freedom, Discrimination and a Dress Code Sign

Some readers will no doubt have heard about the recent case in Williamsburg, Brooklyn, involving seven Chassidic shop owners who posted a dress code sign in their shops. The sign required that shoppers be modestly dressed, and was written in English, Hebrew, and Spanish. According to the sign, “Shorts,” “Barefoot,” “Sleeveless,” and “Low Cut Neckline” were not allowed in the store. See the sign to the left.

Read More Survey Evidence to Evaluate Religious Freedom, Discrimination and a Dress Code Sign
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