A consumer confusion expert witness typically has experience and expertise in marketing and marketing research, consumer survey, consumer behavior, trademark confusion, survey design, and/or consumer psychology.
When a consumer doesn’t correctly perceive a product or service, it is considered consumer confusion. A primary function of a trademark is to prevent consumer confusion. When a consumer wishes to re-purchase a product, a trademark helps the consumer to not only locate the product again, but to identify with the product. Almost every trademark infringement dispute revolves around whether a consumer would be confused or deceived by the potentially infringing mark. Consumer confusion is marketing concept that is important to understand due to its potential impact on sales and consumer product satisfaction.
A consumer confusion survey can help product owners understand if there is brand or trademark confusion. A consumer survey to prove or disprove trademark infringement or likelihood of consumer confusion is a common method, and survey evidence can be used as court evidence in a trademark litigation case.
Consumer confusion matters that Cahn Litigation locates expert witnesses for include intellectual property matters such as trademark infringement, trademark abandonment, brand reputation, and consumer confusion surveys.
Litigation support by a consumer confusion expert witness could include survey research, survey design, expert report preparation, and/or expert testimony on consumer survey and consumer confusion.
In high profile cases, or litigation involving a significant financial stake, a law firm may require an expert with prior expert witness testimony experience. In addition, clients often seek an industry expert for expert consulting for pre-litigation work.
Please Note: All Cahn Litigation expert witness searches are customized to attorneys' precise specifications and preferences. Attorneys are encouraged to discuss search parameters with a Cahn search specialist.
The below expert witness bios represent a small fraction of those Consumer Confusion experts known by Cahn Litigation Services. These bios are provided to give attorneys a sense of the Consumer Confusion landscape.
This expert designed and implemented over 300 consumer surveys, using virtually every survey research methodology, including mall- intercept studies (packaging and advertising matters), telephone and mail surveys, and studies using the internet and consumer mail panels.
This expert's expertise includes false and deceptive advertising, deceptive marketing practices, consumer perceptions of claims made in advertising, packaging, and direct marketing promotions.
This expert has served as a marketing and advertising expert in Federal and/or State Courts across the country.
This expert has worked as an expert on behalf of both plaintiffs and defendants, providing expert reports, affidavits and declarations, and survey research as needed in support of litigation, including numerous class-action matters.
This expert has testified (deposition/trial) over 100 times.
This expert has an MBA, a DBA (Doctor of Business Administration) with a major in Marketing, and a JD.
Unlike academic experts, this expert has many years of branding industry expertise in developing brand names, brand imagery, brand messaging, package design, advertising and communications for the market-leading, global brands of more than 50 Fortune 500 consumer product and service companies. This gives this expert unique insight in establishing the likelihood of consumer confusion between brands and how that influences purchase behavior.
Expertise: Experienced in Lanham Act and TTAB infringement issues including infringement of
This expert has many years of branding industry expertise in developing brand names, brand imagery, brand messaging, package design, advertising and communications for the market-leading, global brands of more than 50 Fortune 500 consumer product and service companies. This gives this expert a unique insight in establishing the likelihood of consumer confusion between brands and how that influences purchase behavior. Specializing in trademark infringement and the likelihood of consumer confusion, this expert has served as the principal of one of the nation's most respected brand identity and design consultancies. There, this expert developed branding for more than 50 consumer product companies. This expert has designed and analyzed more than 1,000 consumer research surveys, and thus, has market-proven knowledge of what generates consumer awareness/perception and what generates secondary meaning for "famous" marks. This expert has served as an expert witness in the jewelry category, including a trademark infringement based on a jewelry design.
For many years this expert has taught courses in patent law, trademark law, copyright law, international IP law, IP survey, and IP theory. This expert is a prominent law professor who is considered one of the nation's preeminent experts on intellectual property and technology law. This expert consults with some of the world's leading companies and serves as an expert witness in trademark and IP cases. This expert has fielded confusion research pursuant to the Lanham Act within the following industries:
This expert has a joint appointment between the School of Law and the School of Business. This joint appointment will allow students to take classes that integrate legal and business principles.
This expert is a rare combination of an expert who has both substantial experience as a senior executive in industry and as a distinguished and accomplished academician. This expert's branding, advertising, marketing, media techniques, and intellectual property expertise coupled with a depth of experience in consumer confusion services makes this expert a highly sought-after authority. This expert has been called a "branding guru" and "consumer behavior expert" by the media and is known for academic and empirical research on the subject. This expert has experience teaching as a tenured full professor of Marketing, where this expert regularly lectures on branding, trademark, media and survey issues, makes this expert adept at explaining difficult concepts to lay judges and juries with minimal experience in branding, marketing, consumer behavior and media techniques. This expert has significant litigation support experience, having been engaged as a testifying expert in over twenty-five district court matters including advertising-related strategies and tactics, intellectual property, branding and brand management, and consumer behavior or confusion research. This expert has been a guest on a television morning show on consumer behavior in the retail environment and is a frequent speaker and industry and academic conferences. This expert is well written and speaks eloquently.
This expert is an experienced litigation expert with many years of senior level Fortune 100 experience and has been retained by many reputable firms to conduct consumer research and to provide expert testimony. This expert has provided expert testimony in more than 70 legal cases: Lanham Act - Trademark, Trade Dress, Patent; Defamation; Commercial Reasonableness; Personal Injury - Retail Merchandising; Misleading Advertising; Misleading Packaging; Damages; Fraud; and more. State, Federal, Class Action, Civil, Criminal, Courtroom and Arbitration Qualified, this expert has opined across a range of issues including trademark confusion, channel strategy, false advertising (including online advertising), branding and marketing, contracts, survey rebuttals, retail strategy, and trade dress confusion. This expert has been retained for criminal and civil cases regarding individuals, corporations, and class action lawsuits. This expert has created, developed, fielded, analyzed, and reported on thousands of studies. In this expert's work providing expert testimony, this expert has conducted surveys on genericness, likelihood of confusion, secondary meaning, false advertising, dilution and more as it relates to trade dress, trademarks, and patents. This expert has provided about twenty depositions in person, via video, and via telephone. This expert has testified in court nearly ten times in cases involving: Misleading Advertising; Consumer Confusion; Secondary Meaning; Fraud; Commercial Reasonableness; Brand and Reputation Defamation. This expert received an MBA and has experience in branding, management, research and strategy. Early in this expert's career, this expert spent years working in the areas of national brand management and promotional marketing. Once the Chief Marketing Officer for a major retail chain, this expert owns and manages a strategic marketing consultancy where this expert works directly with senior executives of many Fortune 1000 corporations providing a wide range of advanced research expertise including design, analytics and advanced statistics along with case consulting across a range of industries.