In a 2015 decision by the Fourth Circuit Court of Appeals, survey evidence was frequently cited in support of the lower court’s decision. The case was Design Resources, Inc. v Leather Industries of America, et al., and the issue had to do with an advertisement run by...
A 2015 article published by Shari Diamond and David Franklyn reports the results of a survey(!) of trademark attorneys on the role that surveys play in the ultimate resolution of a case. They note that a “consumer survey that measures consumer confusion is an...
In a March 2015 teleconference sponsored by the ABA entitled Irreparable Harm in Lanham Act False Advertising Litigation, three distinguished panel members (Roger Colaizzi of Venable, David Bernstein of Debevoise & Plimpton, and Rebecca Tushnet of Georgetown...