Yes, trademark infringement surveys are necessary according to the John Marshall Review of Intellectual Property Law “Courts have continually utilized surveys to show evidence of secondary meaning, generieness, dilution, and functionality in trademark litigation.” -…
What you need to know about trademark fact directly from the USPTO The United States Patent and Trademark Office (USPTO) is a fee-funded agency of the U.S. Department of Commerce. The role of the USPTO…
Engage the Lanham Act Survey Experts Download the Lanham Act Click Here LANHAM ACT ßß 10, 32, 35, 43, 15 U.S.C. ß 1060, 1114, 117, 1125 Sec. 10. Assignment [15 U.S.C. ß 1060] (a) A…
Each of the 13 federal courts of appeal have their own test for evaluating whether a likelihood of confusion exists between two trademarks. Although the tests are not identical, most of them are substantially similar and use many of the same factors. And the factors are non-exclusive.
Likelihood of Confusion Grounds for a PTO Mark Refusal The USPTO may be required to refuse registration of a mark on numerous grounds. One reason is there is a “Likelihood of Confusion” as to the…
Review trademark law basics Table of Contents What is a trademark? What sources of law govern trademarks? What prerequisites must a mark satisfy in order to serve as a trademark? How do you acquire rights…
Experts can help throughout your entire case Your expert witness can help in many ways, provided they have the right expertise and experience. Ms. Harper is routinely counted on by attorneys throughout the case…
Hire likelihood of confusion expertise and experience in the Ninth Circuit In the Ninth Circuit, trademark survey expert Ms. Harper has been retained for 26 cases. The Ninth Circuit uses the Eight Sleekcraft Factors when…
Eleventh Circuit Trademark Survey Expert Rhonda Harper MBA In the Eleventh Circuit, trademark survey expert Ms. Harper been retained for 14 cases. The Eleventh Circuit includes Alabama, Georgia, and Florida. It uses the following Seven Factors in Likelihood of…
Hiring a Survey Expert Witness? Five Things You Need to Know. Not all survey expert witnesses are equal. Below are five key questions to ask before signing the letter of agreement. A valid and reliable survey…