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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Vans Decision Turns on Jack Daniels
Overview: A case pitting shoe company Vans against an artists’ collective shows how the Supreme Court’s recent Jack Daniels decision, regarding First Amendment and parody, will be used in deciding trademark disputes. Shoe Showdown In...
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The Grey Golden Goose: Dad Shoes and Trademark Infringement
Overview New Balance filed a complaint alleging trademark infringement and dilution of its trade dress by Golden Goose. Did Golden Goose make a grab at the “Dad” shoe that is New Balance’s “Golden Goose?” How...
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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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