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Lanham Act Surveys

Dorsey & Whitney LLP

Jack Daniel’s Remand, Part I: Why Did the Trial Court Give “Little Weight” to a Consumer Survey Showing 29% Confusion?, Op. 1, No....

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Seven years ago today, Jack Daniel’s was no doubt riding high. The U.S. District Court for the District of Arizona gave Jack a big shot in the arm with a trademark infringement and dilution victory over Bad Spaniel’s...more

McDermott Will & Emery

Secondary Meaning: Consumers Connect Product with Single Anonymous Source

Reversing and remanding a district court’s grant of summary judgment in favor of an accused trade dress infringer, the US Court of Appeals for the Ninth Circuit explained that trade dress does not need to be linked to a...more

Dorsey & Whitney LLP

Faulty Universe and Suggestive Stimuli Doom Admissibility of Consumer Survey Evidence

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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

Dorsey & Whitney LLP

Scantily Clad Survey Gets Bounced Out in Strip Club Scuffle

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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

Dorsey & Whitney LLP

Don’t Go Rogue in Proving Up Consumer Deception

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Consumer surveys. Love ’em or hate ’em, they are an evidentiary staple in many Lanham Act disputes. A well designed and executed survey can bolster your case, or can act as a powerful antidote to counteract your opponent’s....more

Dorsey & Whitney LLP

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

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

Proskauer - Advertising Law

Parks’ Allegations Against “Finest” Franks Not In the “Ball Park” of False Advertising Claims

On May 10, 2016, Judge Joseph F. Leeson, Jr. of the Eastern District of Pennsylvania granted summary judgment on false advertising and trademark claims in favor of defendant Tyson Foods, Inc. and a subsidiary, the makers of...more

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