Overview: When designing and manufacturing Halloween costumes, are some brands dressing up trademarks to the point of infringement? The Big Business of Dressing Up Spirit Halloween, the largest Halloween-only store in the world, makes over...
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Should You Conduct Survey Research Before Filing a Trademark Application?
Overview: Does the existence and approval of a trademark by the USPTO preclude a lawsuit alleging false and deceptive advertising? Should consumer surveys be part of a dispute over the right to use a trademark...
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Duracell Vape Case
Overview: In a trademark dispute between battery company Duracell and a vape company, What A Smoke, was the decision to throw out this case powered by reverse confusion consumer survey evidence? Case Facts What A...
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Confusion Surveys are for the Birds
Overview: An Oregon man was denied a trademark for his design of a seabird with prey in its mouth by the United States Trademark Trial and Appeal Board. Gubbala v. Abercrombie & Fitch Trading Co....
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Elevate vs Elevations: The Importance of Disclosures in Consumer Surveys Part 2
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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