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.

Related Disciplines

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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