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...
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Three Essential Elements of a Genericness Survey
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,...
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Apple v. Samsung: The Next Round of Survey Evidence
Most readers of this blog know that over recent years, Apple and Samsung have engaged in high-profile litigation over certain patents used in smartphones and tablets. A decision was just provided in a trial involving...
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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...
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Secondary Meaning Survey Helps Resolve Dispute Over Phrase Made Famous by President Reagan
“Peace through Strength,” a famous slogan popularized by President Ronald Reagan, has been under attack. Trademark attack, that is.