Pre-Trial Focus Groups Improve Your Case Strategy Focus groups help clients gain insight into how the jury may perceive your witnesses, case strategy, questions, and demonstratives. Dig deep into their potential attitudes, beliefs and opinions…
Pilot Surveys Inform Your Case Strategy Pre-test your methodology, stimuli, and more Ms. Harper will design, program, and field pilot surveys to inform your case strategy. The objective of pilot surveys is to provide input on…
Consumer Confusion Can Be Confusing From initial confusion to post-purchase confusion – what’s the right course? Consumer Confusion can be, well, confusing. There are many different types of confusion that can support an allegation of…
Expose Critical and Fatal Survey Flaws Survey rebuttals can save your case Your intellectual property infringement case is hanging on the validity of an expert survey. The expert is experienced and the report looks solid….
Is a Survey Necessary? Yes, 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.” – The…
Trademark Facts You Need to Know 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 is to…
Engage the Lanham Act Survey Experts Download the Lanham Act Download the Lanham Act Click Here Lanham Act Sec. 10. Assignment [15 U.S.C. ß 1060] (a) A registered mark or a mark for which an…
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.
PTO Refused Your Mark? Likelihood of confusion grounds 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…
Are Two Marks Similiar? How to analyze similarities Sound If two trademarks sound the same, they may be considered similar. However, there is no proper or correct way to pronounce a trademark. The logic behind this…