Likelihood of Confusion

A likelihood of confusion expert witness typically has experience and expertise in marketing, consumer survey, consumer behavior, trademark confusion, survey design, trademark law, 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 encounter actual confusion by the potentially infringing mark. 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 confusion is a common method, and survey evidence can be used as court evidence in a trademark litigation case.

Likelihood of confusion matters that Cahn Litigation Services locates expert witnesses for include intellectual property issues such as trademark infringement, trademark abandonment, brand reputation, trademark dilution, reverse confusion, and trademark surveys. Litigation support by a likelihood of confusion expert witness could include survey research, survey design, expert report preparation, and/or expert testimony on consumer survey and consumer confusion.

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Likelihood of Confusion Expert Witness - Sample 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 Likelihood of Confusion experts known by Cahn Litigation Services. These bios are provided to give attorneys a sense of the Likelihood of Confusion landscape.


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 #249843

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.


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Expert Witness #218652

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.


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