This case involved an automobile parts manufacturer who claimed that a competitor was unfairly producing “knock-offs” of its product in China, and selling them in the U.S. under a different name at greatly reduced prices. Applied Marketing Science, Inc. (AMS) conducted a survey, which demonstrated that people recognized the trade dress and configuration of the client’s product, and attributed it to a single source. Armed with this evidence of “acquired distinctiveness,” the client was able to negotiate license fees for the design with the infringer.
AMS survey showing secondary meaning leads to license agreement
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