In a trademark infringement case, parties often retain a survey expert to conduct a likelihood of confusion litigation survey, and courts commonly accept surveys as evidence. However, to be accepted as evidence, a likelihood of...
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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...
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Survey of Recent Origins Food Fight
Olé Mexican Foods founder Veronica Moreno has produced “Authentic Mexican Tortillas since 1988” in Georgia. The packaging of the tortillas uses a Mexican flag and touts authentic Mexican ingredients, and the package says that the...
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Yes, You Absolutely Can Trademark a Color—Sometimes
Wireless phone company T-Mobile is serious about the color magenta. The color is all over its branding, so much that former CEO John Legere dyed his hair magenta in the summer of 2019.