When is a kiss distinctive? Federal Court rejects experts’ online surveys on KISS and KISSES marks

By May M. Cheng (April 15, 2024, 11:36 AM EDT) -- On April 9, 2024, the Federal Court issued a decision in Promotion in Motion Inc. v. Hershey Chocolate & Confectionery LLC, 2024 FC 556 (PIM v. Hershey), that is likely going to have a significant impact on the admissibility of online survey evidence in trademark cases for years to come, provided it is not overturned on any further appeal (appeal deadline not expired as of the time of writing)....