The ongoing litigation between Apple and Samsung has attracted a lot of attention, and with good reason. This trial is high profile, with a lot at stake. Apple, arguing that Samsung copied certain features from...
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Apple v. Samsung: The Next Round of Survey Evidence
The ongoing litigation between Apple and Samsung has attracted a lot of attention, and with good reason. This trial is high profile, with a lot at stake. Apple, arguing that Samsung copied certain features from...
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How to Use Controls in Intellectual Property Surveys
As I’ve described in other posts, intellectual property disputes often center on theories about how trademarks, ads, or other marketplace practices affect the attitudes and behaviors of consumers, customers, or the general public.
What is the Theory Behind Your Lanham Act Survey?
For the expert conducting or rebutting a Lanham Act survey, the theory of marketplace behavior that underlies the survey is an important issue that is almost always at least an implicit part of planning a...
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Keyword Infringement Surveys: The New Frontier in Measuring Likelihood of Confusion
In recent years, keyword advertising has become an increasingly important activity for marketers. Compared with other elements of the marketing mix, such as newspaper or television advertising, keyword advertising is still relatively new. Sellers of...
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