Skittles are an iconic candy manufactured by Mars Wrigley. They are colorful, tasty–and potentially toxic. Skittles contain an additive called titanium dioxide, a color additive that California man Jenile Thames claims is toxic. His proposed...
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Trademark Infringement: Pfizer vs Moderna
Big trademark infringement cases can emerge from tiny matter, as we see in claims filed by pharmaceutical company Moderna against Pfizer and BioNtech, makers of a competing COVID-19 vaccine. Moderna and Pfizer, among many other...
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Using Conjoint Surveys: Calculating Class-Wide Damages in Consumer Class Actions
Conjoint analysis is one way to measure consumer preferences. Conjoint surveys measure consumer preferences for product features by presenting respondents with “products” for sale, represented by sets of product features at certain prices. Which of...
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Vape Company’s Apportionment Argument Goes Up in Smoke
Summary: Vape Company’s Apportionment Argument Goes Up in Smoke A court in the Central District of California recently issued a decision that likelihood of confusion is not an appropriate measure for determining apportionment in a...
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Why is a Likelihood of Confusion Survey Excluded?
In a trademark infringement case, parties often retain a survey expert to conduct a likelihood of confusion litigation survey, and courts commonly accept surveys as evidence. However, to be accepted as evidence, a likelihood of...
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