AMS survey results block preliminary injunction in bank slogan case

In a matter involving alleged confusion between two financial companies’ taglines, the plaintiff moved for a preliminary injunction to prevent the defendant from moving ahead with their new slogan and the related marketing and advertising materials. In siding with the defendant, the judge cited a survey conducted by Applied Marketing Science, Inc. (AMS) as evidence that there was little likelihood of potential customers believing, as a result of the proposed slogan, that the two companies were in some way related or associated with one another. AMS was able to conduct this study, analyze the results, and provide an expert report within two weeks of the request, assuring that the defendant could continue to use the tagline in their advertising.