Overview: The Gucci luxury brand sues three major retailers for selling counterfeit versions of its products. How might consumer surveys be used in this lawsuit? Gucci Counterfeits and Claims Gucci, an iconic Italian luxury brand,...
Read More
Vans Decision Turns on Jack Daniels
Overview: A case pitting shoe company Vans against an artists’ collective shows how the Supreme Court’s recent Jack Daniels decision, regarding First Amendment and parody, will be used in deciding trademark disputes. Shoe Showdown In...
Read More
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...
Read More
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...
Read More
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...
Read More