Tag archive: consumer behavior

Patent Infringement: Proving Customer demand…or a lack thereof

Patent Infringement: Proving Customer demand...or a lack thereof

Ruling in Lucent Technologies et al. v. Gateway et al., the Federal Circuit held: “For the ‘entire market value’ rule to apply as the measure of damages for patent infringement, the patentee must prove that the patent-related feature is the basis for customer demand of the accused product.” The present article discusses how one goes…

Are Closed-ended Questions Leading Questions?

Are Closed-ended Questions Leading Questions?

Some courts, counsel and pundits criticize closed ended questions as being strongly suggested and even leading.  While many closed ended questions are indeed leading, it is not because they are closed ended questions, but because they exhibit one of several other question construction flaws.  This chapter from the American Bar Association’s recent book on trademark…

Factors Underlying Consumer Confusion

Factors Underlying Consumer Confusion

One factor underlying consumer confusion, similarity, is well known and considered by most courts in their confusion analysis.  The more similar things appear, the more likely we are to confuse them.  Reading today’s newspaper, it was only after I got further down in an article that I realized I had misread the name Bart Reynolds…

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