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…
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…
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…
The Manual For Complex Litigation provides the standards regarding sampling and opinion surveys §11.493 Sampling/Opinion Surveys Statistical methods can often estimate, to specified levels of accuracy, the characteristics of a “population” or “universe” of events,…
The Manual For Complex Litigation is the authority regarding trademarks §33.32 Trademarks Trademark claims are governed by the Lanham Act. A trademark is “any word, name, symbol or device” used to “identify and distinguish” goods….
Intellectual Property Survey? Make sure you know the rules. The following factors courts often consider when determining the admissibility of a Lanham Act survey, to guide its surveys and reports. Specifically, whether the: population was…