Consumer Surveys for Litigation
Applied Marketing Science (AMS) is a market research and consulting firm with an established practice focused on consumer surveys for litigation. Consumer surveys can be critical pieces of evidence in high-stakes litigation—but only when conducted with scientific rigor, carefully analyzed and supported by clear, authoritative expert testimony.
When brand equity, intellectual property or reputation is at stake, our clients need evidence that will hold up under intense questioning, delivered by an expert who can withstand even the most rigorous Daubert challenge. Consumer surveys can provide powerful and reliable evidence that is far more effective in litigation than expert opinion alone. Our two decades of experience, rigorous methodological practices, extensive network of experts and impeccable credentials help us achieve outstanding results for our clients. Almost 200 law firms and a number of the nation’s top economic consulting firms have relied on Applied Marketing Science for some of their toughest, most complex cases.
- Evaluation of potential benefits of collecting market research data
- Survey design, implementation, and analysis
- Expert report preparation
- Critique of opposing expert reports
- Expert testimony
- Guidance on the deposition and trial questioning of opposing expert witnesses
Working with a number of leading market research and survey experts, all with experience in litigation support, we can provide expert witness testimony in cases involving:
TRADEMARK CLAIMS, including Lanham Act claims that require analysis of consumer opinions, behavior and potential confusion. We support claims of trademark or trade-dress infringement, dilution, secondary meaning and genericism or descriptiveness.
DECEPTIVE ADVERTISING, including analysis of whether or not, and to what degree, consumers have been misled. We can also help assess whether the allegedly deceptive element materially influenced consumers’ purchase decisions.
PATENT INFRINGEMENT CLAIMS, including the valuation of allegedly infringing product features, based on analysis of consumer preferences. We can determine the degree to which consumers attribute importance and their willingness to pay for product features. We also support expert testimony on damage calculations.
CLASS ACTION ISSUES, including helping defense attorneys demonstrate that class certifications should not be granted because of significant differences among potential class members. Our work with plaintiffs in class action cases helps them establish the homogeneity of the class and the proportion of harm in the proposed class. Our work in these cases involves analysis of such factors as numerosity, commonality, typicality and adequacy of representation.
ANTITRUST ISSUES, including alleged anti-competitive behavior and claims of antitrust violations, which require a definition of the relevant market based on consumer use and consideration of alternative products.
ADVERTISING AND MEDIA CONTENT ANALYSIS, including the evaluation and coding of media types such as print, TV, radio and collateral in both consumer and highly technical areas. AMS supports academic expert witnesses with services that include the development and testing of coding schemes, the recruitment, management and training of a coding team and analyses of relevant data.
Send inquiries to firstname.lastname@example.org or contact Brian Sowers at (781) 250-6313.