Overview: Good Pops sued Jonny Pops, alleging that it falsely and deceptively advertised its popsicles in a way that implied the popsicles have much less sugar and much more fruit than they actually have. How...
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Should You Conduct Survey Research Before Filing a Trademark Application?
Overview: Does the existence and approval of a trademark by the USPTO preclude a lawsuit alleging false and deceptive advertising? Should consumer surveys be part of a dispute over the right to use a trademark...
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Green Claims and Trash Bags: HoldON, says NAD
Overview: HoldOn, a manufacturer of trash bags, claimed that its bags were biodegradable and greener than other bags. Are these claims garbage? HoldON NAD Challenge Glad Products Company, makers of various lines of garbage bags,...
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Deep Fakes and False Advertising Consumer Surveys
Overview: As artificial intelligence and machine learning generate deep fakes for marketing and advertising purposes, affected people may turn to lawsuits over false representation and the right of publicity. How might parties–or regulators–use surveys to...
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Clase Azul Tequila and Casa Azul: The Importance of Choosing the Right Consumer Survey Format
Overview: How did likelihood of confusion survey methodology factor into the Clase Azul and Casa Azul trademark decision? Learn the importance of the two major likelihood of consumer confusion survey formats, Squirt and Eveready, to...
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