AMS survey cited as basis for ruling in trademark infringement matter

U.S. District Judge Denise J. Casper entered judgement for defendant CPK Media in Milk Street Cafe, Inc. vs. CPK Media, LLC, a trademark infringement case in which the plaintiffs claimed that their Milk Street Cafe trademark had acquired secondary meaning. In her decision, the Judge cited evidence from a survey conducted by Applied Marketing Science (AMS) principal and survey expert Brian Sowers on behalf of defendant CPK Media. In the ruling, the Court concluded that the Milk Street Cafe trademark had not acquired secondary meaning, “given the survey conclusions that the Milk Street Cafe mark had secondary meaning only for 9.2% of the potential cafe customers and 17.4% of the potential corporate catering customers.”