Consumer opinions, behavior, and potential confusion are key issues in Lanham Act litigation and TTAB proceedings. Our experts develop surveys and analyze these issues in relation to trademark or trade dress infringement, dilution, secondary meaning, and genericness or descriptiveness.
Deceptive advertising surveys provide an analysis of whether, and to what degree, consumers have been misled, and also whether the allegedly deceptive element materially influenced consumers’ purchase decisions. Our testifying experts create surveys that provide a measure of consumer perceptions in a quantifiable way.
Class action surveys are used to determine the similarity or dissimilarity of potential class members in order to argue whether class certification should be granted. Our survey experts analyze the extent to which homogeneity or heterogeneity exists, as well as the extent of financial harm, if any, in the proposed class.
Claim substantiation surveys are used to support claims made in advertising, point of sale materials, and other types of marketing communications. Our survey experts make sure that any potential advertising claims are substantiated by valid and reliable scientific survey evidence so they can withstand potential challenges.
Patent infringement surveys are used to measure consumer preferences and perceptions, and to determine liability and damages calculations. Our survey experts assess issues such as valuation of allegedly infringing product features and the degree to which consumers attribute importance of product features, as well as their willingness to pay for them.
AMS has extensive experience conducting content analysis to interpret and code textual material. This type of analysis can be helpful in cases in which there is dispute over the degree to which a party has disseminated a particular message, especially when it is pervasive across one or more advertising campaigns.
Antitrust surveys define markets, and assess market power, based on consumers’ current use of products and services as well as their perceptions of the available market choices. Our survey experts help to identify the relevant market for products and services and show the effects of a merger or acquisition on the market.
Thorough review and response to an opposing expert’s survey work is a critical component of a successful rebuttal strategy. Our survey experts provide guidance on how to approach the opposing counsel’s evidence in order to make a strong, effective rebuttal, including crafting effective critiques or constructing rebuttal surveys.