Plan Your Case Using Survey Data Pilot surveys can help to inform your case strategy. The objective of pilot surveys is to provide input on stimuli selection, universe selection, and format determination. Pilot surveys are…
What is the Lanham Act? Get the Facts 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 application to…
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.
How to analyze similarities between two trademarks 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 general…
Leverage Your Expert Witnesses 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…
Ninth Circuit Trademark Case? The Ninth Circuit uses the Eight Sleekcraft Factors when considering likelihood of confusion cases: The strength of the mark The proximity of the goods The similarity of the marks Evidence of…
Eleventh Circuit Trademark Case? Hire survey expertise and experience in the Eleventh Circuit The Eleventh Circuit includes Alabama, Georgia, and Florida. It uses the following Seven Factors in Likelihood of Confusion cases: The strength of the plaintiff’s mark The…
Be Sure to Ask… 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 can make all the difference to…
The Trademark Authority Manual For Complex Litigation Trademark claims are governed by the Lanham Act. A trademark is “any word, name, symbol or device” used to “identify and distinguish” goods. Trademarks identify the source or…
Intellectual Property Surveys 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…