Overview Scarlett Johansson sent a cease-and-desist letter to Open AI, alleging that the company unlawfully used her voice as the voice of its AI assistant. How might consumer surveys help celebrities and individuals find their...
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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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New Decision Discusses Third-Party Registrations in Trademark Dispute
Overview: U.S. Circuit Judge Timothy Dyk issued a criticism of the TTAB in a decision handed down in a trademark dispute between GPS companies. Flexing Facts Flex Ltd. provides logistics management services; Bad Elf LLC...
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Vape Company’s Apportionment Argument Goes Up in Smoke
Summary: Vape Company’s Apportionment Argument Goes Up in Smoke A court in the Central District of California recently issued a decision that likelihood of confusion is not an appropriate measure for determining apportionment in a...
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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.