News & Analysis as of September 25, 2024

Trademarks › Surveys

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A Trademark is a legally registered distinctive mark or sign which identifies goods, products or services that originate or are associated with a particular person or enterprise . A typical example of a trademark... more +

Kissing Registration Goodbye: Deficient Online Survey Evidence Cannot Save Application for SWISSKISS

Bennett Jones LLP on 4/26/2024

Survey evidence can be used in trademark disputes to establish consumer perception and brand power. A recent Federal Court decision provides guidance on factors that may influence the admissibility of online survey evidence....more

Faulty Universe and Suggestive Stimuli Doom Admissibility of Consumer Survey Evidence

Dorsey & Whitney LLP on 12/14/2021

There are two sure-fire ways to maximize the chances that a consumer survey gets bounced out of federal court: (1) surveying the wrong people; and (2) leading them to a desired “correct” answer. Both of these survey maladies...more

Scantily Clad Survey Gets Bounced Out in Strip Club Scuffle

Dorsey & Whitney LLP on 6/29/2021

Survey evidence in Lanham Act cases can often times be pretty revealing. If you develop it correctly, survey evidence can be a key ingredient to a successful outcome. But if you develop it incorrectly it will show flaws that...more

Flawed Consumer Survey Wipes Out $54 Million Verdict in Trademark Infringement Dispute

Dorsey & Whitney LLP on 10/3/2017

In trademark infringement cases, consumer survey evidence can be a powerful tool. It can also badly malfunction, as Black & Decker recently experienced. ...more

The Survey Says: TIFFANY Is Not Generic for a Ring Setting

Morrison & Foerster LLP on 9/15/2015

Last week, the Southern District of New York granted summary judgment to Tiffany & Co. on its trademark infringement claim against Costco Wholesale Corporation for selling rings advertised under the TIFFANY mark. Tiffany &...more

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