What is the “maximum” strength? Consumers recently filed two lawsuits against Walgreens, alleging that several types of pain relief patches were falsely advertised as “maximum strength” even though they did not contain as much of...
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The Great Gruyere Debate
Europe has a centuries-old cultural and legal history of protecting goods produced in certain regions. For example, it is illegal in countries that have signed certain treaties to market sparkling wine as “champagne” unless it...
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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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AI-Generated Art or AI-Generated Infringement? The Next Frontier for Likelihood of Confusion Surveys
In mid-April, a new song called “Heart on My Sleeve” was released, featuring R&B stars Drake and The Weeknd. Unsurprisingly for a track involving two well-known recording artists, the song became an overnight viral sensation. ...
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MMR Strategy Group News: Consumer Confusion Claim Pits Samsung Against S10 Entertainment
MMR Strategy Group recently testified about confusion in a trademark infringement action arising from the marketing of the Samsung Galaxy S10 smartphone. This blog post explores how reliable survey research and expert testimony can be...
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