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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MMR Strategy Group President Dr. Bruce Isaacson Receives INTA Recognition and California Legislature Assembly Recognition
The International Trademark Association (INTA) recently recognized MMR Strategy Group President Dr. Bruce Isaacson as a High-Performing Committee Member. Dr. Isaacson has served on The Trademark Reporter committee since 2010. The Trademark Reporter committee produces...
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Window Displays, Tangle Trademark Infringement
Overview: Tangle, INC brought a copyright and trade dress action against fashion chain Aritzia in Southern California, alleging that sculptures used in window displays and marketing campaigns copy artist Richard Zawitz Tangle, INC, sculpture designs....
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Consumer vs Burger King: Whose Argument Reigns Supreme?
Overview: A class-action lawsuit filed by plaintiffs in New York and Florida allege that Burger King is telling a “whopper” with false and misleading advertising about the size of its burgers and ingredients. So, what’s...
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