New brand introduction healthcare industry

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

  In a case involving elements of forward as well as reverse confusion, Mind/Share provided expert services during trademark opposition proceedings as well as when the federal suit was filed.  Mind/Share provided a critical assessment of the research conducted by the opposition expert concerning likelihood of confusion.  Subsequently Mind/Share conducted its own likelihood of confusion study and provided a report detailing the evidence of consumer confusion found.  The results, in part, indicated a likely presence of reverse as well as forward confusion.  The parties settled the case prior to trial.

• 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