In October, the National Advertising Review Board ruled against a pasta advertisement Goya Foods had been running in Puerto Rico. Goya had been selling its Excelsior brand pasta on the island with the tagline “La...
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When Not To Conduct an Advertising Claim Substantiation Survey
An Advertising Claim Substantiation Survey Gone Wrong Survey results indicating that Schmidt’s deodorant helps consumers feel dry do not substantiate an advertising claim that the deodorant absorbs wetness. That is the opinion of the National...
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Don’t Cry Over Spilled Milk: Lessons for Claim Substantiation Surveys from the NAD’s Malt-O-Meal Cereal Decision
In a recent decision, the National Advertising Division of the Better Business Bureau (NAD) recommended that the Malt-O-Meal Brands Company discontinue advertising relating to certain claims for breakfast cereals. The challenger was Post Foods.
The Challenge of Replicating Marketplace Conditions in Intellectual Property Surveys
In intellectual property matters, surveys are used to examine a variety of issues, including likelihood of confusion, secondary meaning, deceptive advertising, and consumer response to marketplace practices such as prices or packaging. Surveys are often...
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