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Lanham Act › Surveys › Trademark Infringement

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

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

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

Proskauer - Advertising Law on

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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