Health products company

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

  Mind/Share conducted a large-scale national field experiment that tested several versions of television advertisements that were part of a national campaign that our client alleged had resulted in consumer confusion as to the true source of the advertising.  The research showed that indeed consumers who viewed the advertising were led to believe that the ads were put out by our client when in fact the ads had been put out by a competing brand.  By testing several versions of the ads, Mind/Share was able to pinpoint the specific visual and textual elements that were deceptive.  A favorable settlement was reached prior to trial.

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