AMS survey rebuttal is key in recent TTAB decision

In the recent TTAB decision (Omaha Steaks International, Inc. v. Greater Omaha Packing Co., Inc., Consolidated Opposition No. 91213527 and Cancellations Nos. 92059629 and 92059455), Applied Marketing Science, Inc. (AMS) Founder Robert Klein provided rebuttal testimony on behalf of Greater Omaha Packing that identified the flaws in the survey proffered by Omaha Steaks. The opinion by Judge Jyll Taylor agreed with Mr. Klein’s key criticism and found that the plaintiff’s survey “is entitled to little probative value because it is fundamentally flawed.” Greater Omaha Packing was represented by Stephen Samuels of Samuels & Hiebert LLC of Boston, MA.