License holder violates license

Market Analysis                

• Judge Rules in favor of home appliance manufacturer in license dispute

False Advertising/Confusion

• Health products company succeeds in false advertising/trademark confusion case

Secondary Meaning

• Allegation of likelihood of confusion rests on erroneous assumption of secondary meaning of lapsed mark

• Consumer confusion and secondary meaning established at trial

Trademark Confusion

• Renamed professional association results in marketplace confusion

• Fashion knock-offs result in consumer confusion

• New brand introduction in healthcare industry results in consumer confusion

• Trade dress of over-the-counter dietary supplement blurs the distinction between house and national brands

Search Engine Issues

• Confusion due to search engine use of trademarked terms as keywords

• Contextual marketing practices confusing to consumers

Other Issues

• License-holder violates terms of license resulting in tarnishment of brand

  A major international fashion brand had licensed a line of apparel products to a firm responsible for production, distribution and some marketing of the products to consumers.  In violation of the terms of the license the products were distributed through discount outlets such as “warehouse clubs.”  Mind/Share conducted a large-scale field experiment in which consumers in the target market were shown images of the products as presented in the appropriate retail outlets as well as in the disputed discount outlets.  Using industry standard metrics of brand perception and product evaluation, the research showed that consumers’ perceptions of the brand, their evaluations of the product and their willingness to pay were all negatively affected by the presentation of the products in the discount outlets.  A favorable settlement was reached prior to trial.