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Trademark Infringement Survey John Marshall Review of Intellectual Property Law
Is a Trademark Infringement Survey Really Necessary?

Is a Trademark Infringement Survey Really 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…

Basic Facts
Get the Basic Facts About Trademarks – USPTO

Get the Basic Facts About Trademarks What 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…

Lanham Act
Does Your Case Involve the Lanham Act?

Does Your Case Involve the Lanham Act? 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….

District Circuits
Likelihood of Confusion Factors by Circuit

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 Trademark Law
PTO – Grounds for Refusal of a Mark

PTO – Grounds For Refusal Of A Mark Likelihood of Confusion The USPTO may be required to refuse registration of a mark on numerous grounds. One reason is there is a “Likelihood of Confusion” as…

PTO Trademark Law
Need a Trademark Law Refresher?

Need a Trademark Law Refresher? Review the Basics of Trademark Law. Table of Contents What is a trademark? What sources of law govern trademarks? What prerequisites must a mark satisfy in order to serve as…

leverage
How to Best Leverage Your Expert Witness

How to Best Leverage Your Expert Witness 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…

5 Things
Hiring a Survey Expert Witness? Five Things You Need to Know.

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…

What does the Manual For Complex Litigation say about Sampling/Opinion Surveys?

What Does The Manual For Complex Litigation Say About Sampling/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, transactions, attitudes,…

What does the Manual for Complex Litigation say about Trademarks?

What does the Manual For Complex Litigation say about 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….