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Survey showing secondary meaning leads to license agreement
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 (AMS) conducted a survey, which demonstrated that people recognized the trade dress and configuration of our client’s product, and attributed it to a single source. Armed with this evidence of “acquired distinctiveness,” our client was able to negotiate license fees for the design with the infringer.