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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Supreme Court Concurrence Raises Potential Concern About Permission Questions in Likelihood of Confusion Surveys
On June 8, the U.S. Supreme Court released a ruling with comments relevant to likelihood of confusion surveys. In Jack Daniel’s Properties, Inc. v. VIP Products LLC, the maker of Jack Daniel’s brand whiskey sued...
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The Supreme Court to Decide Whether “Bad Spaniels” Infringed on Jack Daniels
VIP Products manufactures and sells a squeak toy for dogs called “Bad Spaniels.” Makers of Jack Daniel’s whiskey allege that the toy infringes on its trademarks. Makers of Bad Spaniels assert that the product is...
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When Do You Need a False Advertising Survey?
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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