Overview: The board of the Better Business Bureau that hears appeals from the NAD, NARB, clarifies guidance for advertisers on emoji use. A Thirst for Advertising Claim Substantiation Coca-Cola reformulated Powerade, a fitness drink including...
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Man vs Machine Learning: IP Regulatory Battles Rage On
Overview The intellectual property regulation community has been buzzing about how to deal with artificial intelligence and content produced by generative AI. Where might we see consumer survey research be used? AI and IP...
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The Grey Golden Goose: Dad Shoes and Trademark Infringement
Overview New Balance filed a complaint alleging trademark infringement and dilution of its trade dress by Golden Goose. Did Golden Goose make a grab at the “Dad” shoe that is New Balance’s “Golden Goose?” How...
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Elevate vs Elevations: The Importance of Disclosures in Consumer Surveys Part 2
In trademark infringement matters, parties often retain consumer survey experts to conduct likelihood of confusion litigation surveys. Courts commonly accept these surveys as evidence, but they must meet certain criteria and be conducted and designed...
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Elevate vs Elevations: When a Survey is Excluded: Part 1
Overview: In a trademark infringement action between two credit unions, the senior user relied on consumer survey evidence and the junior user relied on expert rebuttal testimony criticizing the senior user’s survey. An appellate court...
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