Author: Michael Keyes

Top 8 Posts Summer 2018

J. Michael Keyes is an intellectual property attorney with extensive trial and litigation experience in cases involving trademarks, copyrights, unfair competition and false advertising. He has tried several cases in federal courts across the United States. LinkedIn | Twitter @JMichaelKeyes

In-N-Out Burger Trade Dress Dispute Part II: Where’s The Beef?

Last week we introduced our readers to the imbroglio featuring the burger behemoth In-N-Out, who accused upstart Doll N’ Burgers of infringing In-N-Out’s registered and unregistered trade dress. Typical of these sorts of savory squabbles, both sides retained consumer survey experts, both experts took broadsides continue reading...

Don’t Go Rogue in Proving Up Consumer Deception

Consumer surveys. Love ’em or hate ’em, they are an evidentiary staple in many Lanham Act disputes. A well designed and executed survey can bolster your case, or can act as a powerful antidote to counteract your opponent’s. Survey evidence is not, legally speaking, strictly continue reading...