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...
Read More
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...
Read More
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...
Read More
Likelihood of Confusion Survey Starring Snoop Dogg, Dunkin, and Beyond Meat
Dunkin’ Donuts and Beyond Meat are being sued for trademark infringement over their slogan for their plant-based breakfast sandwich. “Great Taste, Plant-Based” is a catchy slogan, and rapper Snoop Dogg delivered the phrase at issue...
Read More
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.