Many of MMR Strategy Group’s clients increasingly find that claim substantiation and advertising substantiation are important areas of focus for their marketing communications. Dr. Bruce Isaacson, President of MMR Strategy Group, will be speaking at the Advertising Claims Support: Case Histories and Principles conference presented by The Institute for Perception, April 8 – 10, [...]
False advertising surveys are frequently used in intellectual property matters. This post describes the circumstances when false advertising surveys are typically used and explores the expectations and requirements for designing and executing a false advertising survey. False advertising surveys focus on implied statements rather than literal falsity By “false advertising”, I refer to [...]
Surveys are commonly presented in litigation matters involving Lanham Act issues such as trademarks and false advertising. Increasingly, litigation surveys are also used to estimate damages in patent infringement matters. This post explores the use of surveys to assess damages in patent litigation, describing the reasons for their use, the issues they measure, and some [...]
In prior postings, I’ve written about the survey evidence presented in recent high profile intellectual property litigation, including Rosetta Stone v Google and Apple v Samsung. A judgment was recently issued in another closely-watched case, this one involving two well-known French manufacturers of high fashion shoes: Christian Louboutin S.A. v. Yves Saint Laurent Am. Holding [...]
I recently published an article in Intellectual Property Today focused on intellectual property surveys, such as those used to measure likelihood of confusion, secondary meaning, and deceptive/false advertising. My co-authors for the article were Dr. Jonathan Hibbard, Professor of Marketing at Boston University’s School of Management, and Dr. Scott Swain, Professor of Marketing at Northeastern [...]
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