Consumer Survey Expert Witnesses

What is a consumer survey expert witness?

Consumer survey expert witness candidates typically have extensive experience in marketing and marketing research, consumer research, consumer confusion, consumer behavior, survey design, and/or consumer psychology. In high-profile cases, or litigation involving a significant financial stake, a law firm may require a professional with prior expert witness testimony experience. While many experts have expertise in consumer surveys, an expert witness carries the additional responsibility of providing testimony before the court in a manner whereby lay people can understand the litigation matter and survey evidence.

What types of cases require a consumer survey expert witness?

Consumer survey matters for which Cahn Litigation Services locates expert witnesses for are commonly intellectual property (i.e., trademark infringement, patent infringement, trade dress infringement), deceptive advertising, and unfair competition.

Via market research, a consumer survey involves gathering information on the satisfaction and potential actual confusion among both existing and new products and services. A consumer survey can be used to gauge advertising effectiveness, packaging appeal, brand awareness, pricing, consumer perceptions, consumer confusion and other marketing issues. Survey methods can be written, via telephone, online, and/or focus groups. Oftentimes, respondents in a particular demographic are targeted, for example gender, income, education, or location.

Consumer survey expert witness case examples

Examples of past expert witness search projects have encompassed:

• false advertising accusation in the Los Angeles area,
• secondary meaning trademark dispute,
• a survey design to support a likelihood of confusion case involving footwear,
• trademark survey to support a deceptive advertising dispute in a New York State Court, and
• Trademark Trial and Appeals Board (TTAB) decisions appeals.

What litigation support work might a consumer survey expert witness be expected to perform?

Litigation support by a consumer confusion expert witness could include survey rebuttal reports, survey design, research methodology review, survey data analyses, authoring expert reports, and/or expert testimony on consumer survey and consumer confusion. In addition, clients often seek a consumer survey research expert for pre-litigation work consultant work. Cahn Litigation Services has a wealth of experience placing consumer survey experts and can turn a search for a consumer survey expert witness around quickly, providing the right balance of expertise and testimony experience.

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Consumer Survey Expert Witness - Representative Bios

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.

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The below expert witness bios represent a small fraction of those Consumer Survey experts known by Cahn Litigation Services. These bios are provided to give lawyers a sense of the Consumer Survey landscape.

• Expert Witness #218620

  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.

  
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• Expert Witness #237557

  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

  -  Trademark and Copyright

  -  Package Design

  -  Product Design

  -  Brand Identity/Logo

  -  Web Site

  -  Branding Industry Best Practices

  Services include:

  -  Survey Development/Analysis

  -  Likelihood of Confusion Determination

  -  Brand Dilution Confirmation

  -  Damages Assessment

  -  Corrective Advertising Calculation

  Unique Credentials:

  -  Works with +100 top consumer product /service companies on branding strategy and communications

  -  Created/analyzed +1,000 consumer survey/research projects

  -  Managing Partner of a brand identity strategy and communications firm

  -  The industry thought leader on quantifying brand value

  -  Serves attorneys for both plaintiffs and defendants
  
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• Expert Witness #256205

  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:

  • Virtual Meeting Software
  • Off Road Utility Vehicles
  • Production Equipment Manufacturer
  • Thermo-Insulated Beverage Tumblers
  • Vinyl Automotive Wraps
  • Outdoor Sport-Oriented Cameras

  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.

  
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• Expert Witness #125988

  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 advertising/branding, marketing, media techniques, and intellectual property expertise coupled with a depth of experience in conducting consumer confusion services makes this expert an authority on consumer behavior. 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's experience teaching as a tenured full professor makes this expert adept at explaining difficult concepts to lay judges and juries with minimal experience in 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, banding and brand management, and consumer behavior or survey research. This expert has been a television talk show guest on consumer behavior in the retail environment and is a frequent speaker and industry and academic conferences.

  
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• Expert Witness #218653

  This expert is an experienced forensic marketing litigation expert. This expert has provided litigation support for a wide range of litigation issues in the areas of Trademark, Trade Dress, advertising, marketing, sales, intellectual property and brand management. This expert has been retained by ~100 law firms as an expert witness, furnished 50+ Lanham Act Surveys and nearly 20 Rebuttals to Surveys.  This includes consumer confusion, brand awareness, descriptiveness and genericness, trademark infringement, and dilution. This expert is experienced in the areas of consumer opinions, consumer behavior, strategic planning, finance, interactive, social media, purchasing process, brand marketing, creative services, promotion, advertising, sales, retail, and product management.

  Given this expert’s extensive trademark and survey experience, in addition to this expert’s testimony, this expert has been personally responsible for more than fifty registered trademarks and has been fully responsible for a research-based consulting firm and two Fortune 500 research organizations. This expert received an MBA and has many years of experience in brand, management, research and strategy, and forensic marketing.

  Early in this expert’s career, this expert spent time working in the areas of national brand management and promotional marketing. Once a Chief Marketing Officer for a major retail chain, this expert owned and managed a strategic marketing consultancy where this expert worked directly with senior executives of many Fortune 500 corporations and has consulted the legal profession on numerous trade dress and consumer behavior issues. This expert has been retained by many reputable firms to conduct research for trademark disputes and provide expert testimony.

  
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• Expert Witness #223492

  This expert has devoted efforts to litigation-related survey research and to marketing and business strategy consulting for established high-tech companies and startups. After receiving a PhD in marketing based on original research in brand loyalty, this expert taught for many years in graduate business programs as a full-time faculty member. During this expert’s research career, this expert has conducted, designed, directed, and reported on thousands of studies. A leading consumer research and survey expert with a career dedicated to advancing the science of consumer behavior, this expert is widely published in the leading industry journals on marketing research. This expert has played pivotal roles in many types of commercial litigation, addressing issues as varied as brand strategies, trademark infringement and reasonable royalties, including providing deposition and trial testimony.

  
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• Expert Witness #217801

  This NFC/RFID/video playback expert has experience in engineering projects involving active and passive NFC, including game controllers that use RFID tags inside action figures and consumer medical devices that use active NFC for device authentication.

  This expert has worked on video systems, including communication adapters and other video devices, as well as location systems, including iBeacon and survey-grade GPS, and wireless systems for media-play synchronization.

  This expert has worked on over 10 expert cases, including depositions and hearing testimony.

  
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• Expert Witness #249802

  This survey methodology, attitudes and behaviors, and campaign expert holds a PhD and is a professor in humanities and social sciences, with expertise in questionnaire design, survey research methods, and the psychology of attitudes and behavior. This expert has taught courses on survey methods around the world for over 30 years and has served as a methodology consultant to government agencies, corporations, and academic scholars.

  This expert has held leadership roles in a prominent academic research project exploring voter decision-making and political campaign effects. Scholarship in this field has been recognized through multiple awards, fellowships at a prominent behavioral-sciences research center, election as a fellow of prominent academic and scientific associations, and a lifetime achievement award from a public opinion research association for outstanding contributions to the field of public opinion research.

  This expert has also held research and advisory roles with a well-regarded university research institute and a major public opinion research organization. This expert has taught professional courses on survey methods for over 30 years around the world and has authored books on questionnaire design.

  As an expert witness in litigation, this expert has served in over 140 lawsuits, including class actions involving consumer perceptions, and has testified at trial about a number of times. This expert has evaluated the quality of surveys presented as evidence and has conducted original survey research to inform courts.

  
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• Expert Witness #249842

  This consumer survey expert has authored and analyzed over 1,000 consumer surveys for courts and brand-consulting contexts.

  This expert has supported clients across leading consumer product industries, including major and smaller firms, and has served over 100 times as an expert witness involving trade dress, trademark infringement, deceptive advertising, likelihood of confusion, and other Lanham Act issues across federal courts.

  
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• Expert Witness #259347

  This consumer survey expert is a senior executive at a product and service research firm with experience conducting impression and expectation research. This expert has used this research approach in hundreds of product and service research projects across over 40 business categories.

  Such quantitative research can precisely define consumers' expectations and consideration of cloud-based storage services. These surveys can quantify the value consumers associate with these services or with processes related to cloud-based storage. This expert works closely with legal teams to develop comprehensive survey questionnaires.

  
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• Expert Witness #282658

  This discrete choice/conjoint survey expert holds a PhD and is a professor at a prestigious technical university, with over 40 years of expertise and experience providing consulting services for litigation and industry. This expert has co-authored a number of books, including a leading textbook in discrete choice analysis, and over 400 book chapters and papers. Areas of research include discrete choice analysis, conjoint survey, market research, econometrics, transportation systems economics, network modeling, and simulation. This expert has developed many discrete choice and demand modeling techniques that are applied widely in a variety of disciplines and industries.

  As a leading expert on choice-based conjoint and demand analysis, this expert has participated in consulting and litigation support projects across a range of industries, including financial services, transportation, telecommunications, electric utilities and appliances, health and aging services, packaged goods, automobiles, airlines, entertainment, and tourism.

  This expert is a leading authority on discrete choice analysis and stated-preference techniques, particularly choice-based conjoint, and is well qualified to design, conduct, and analyze stated-preference surveys.

  Examples of litigation support work include stated-preference surveys of mobile device users' app purchase behavior, expert evaluation of conjoint surveys and analyses for sports event streaming, toll road traffic and revenue forecasting, conjoint survey design for consumer choice of music streaming services, and choice-based conjoint surveys of consumer choice of existing and emerging payment methods.

  
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• Expert Witness #285178

  This consumer survey expert designs consumer surveys for infringement evidence, is designated as an expert in survey methods, and holds psychology degrees from well-regarded universities.

  This expert has contributed to psychology and law through research, consulting, and speaking engagements for over 30 years. This expert has worked on patent cases as a jury consultant and designed case scenario research to measure perceptions in relevant venues. This expert has designed studies examining consumer behaviors and perceptions concerning counterfeits, brands, and brand enforcement.

  
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• Expert Witness #285531

  This testifying survey expert is a senior survey research professional at a nationally recognized consultancy, responsible for delivering survey research and expert testimony in civil cases and supporting affiliated academic and economic experts in matters where consumer opinions and behaviors are important to liability and damages.

  This expert has served as a testifying expert and submitted reports in federal and state courts, as well as before the Trademark Trial and Appeal Board and a national advertising self-regulatory forum, in a variety of litigation matters for both plaintiffs and defendants. This expert provides survey evidence and expert testimony in matters involving trademark and trade dress infringement, false and deceptive advertising, claims substantiation, and class action litigation. This expert also assists attorneys in assessing the value of market research data, critiquing opposing expert reports, and preparing experts for deposition and trial questioning.

  This expert has held a variety of research roles on both the client side and consulting side. Before joining a consultancy firm, this expert served in a senior project management role at a market research consulting firm, helping clients identify new marketplace opportunities, develop communication and positioning strategies, measure brand equity, and increase customer satisfaction and retention.

  
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• Expert Witness #285760

  This consumer survey expert specializes in survey research, including writing survey questionnaires, defining relevant populations, developing sampling plans, collecting and analyzing data, and generating reports.

  This expert evaluates third-party surveys, provides rebuttal critiques, and conducts research to support advertising claim substantiation. Research experience includes collecting data from consumers, physicians, pharmacists, veterinarians, and other professionals in specialized fields using modes such as mall intercept, telephone, and internet surveys.

  This expert has served as a testifying expert and submitted reports to federal and state courts, the National Advertising Division of the Better Business Bureau (NAD), and the Trademark Trial and Appeal Board (TTAB) in a wide range of trademark, trade dress, and false advertising disputes.

  In addition to survey expert work, this expert has developed and taught courses in Research Methods and Statistics at well-regarded academic institutions. This expert is a member of a prominent trademark association and has served on a committee focused on non-traditional marks.

  
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• Expert Witness #288396

  This IP/Lanham Act/false advertising damages expert has worked extensively for over 20 years in antitrust, finance, intellectual property, and survey research, including service as a consulting expert and expert witness and senior leadership within intellectual property, economics, and damages practices. In intellectual property matters, this expert has conducted economic and econometric analyses to determine the value of patents, trademarks, copyrights, and trade secrets, as well as economic damages resulting from infringement and damages due to false advertising. This expert has also assessed consumer perceptions and behavior in false advertising matters, and in trademark infringement matters has addressed secondary meaning, likelihood of confusion, genericness, fame, and dilution. This expert has testified in district courts, state courts, arbitrations, and before the Copyright Royalty Board, PTAB, TTAB, and the ITC. This expert has been recognized by prominent legal, litigation, intellectual property, and economic analysis rankings.

  This expert has provided expert testimony in false advertising litigation in the pharmaceutical industry, conducted econometric analyses used to determine whether damages were incurred due to alleged false advertising, and evaluated counterclaims regarding false advertising damages. This expert has also provided expert testimony in false advertising litigations involving the pharmaceutical, clothes dryer, mattress, and DNA testing industries. This expert has conducted survey research and developed economic analyses to evaluate claims associated with alleged false advertising in several industries, including food, health care, home security services, and server support services.

  
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