Litigation Surveys and Rebuttals
Expert Witness Testimony From
Credible Survey Experts
MMR Strategy Group offers expert witness testimony, litigation surveys, and survey rebuttals for trademark and false advertising disputes. Our survey experts have experience conducting consumer perception surveys for federal and state courts and other venues, including the Trademark Trial and Appeal Board (TTAB) and the National Advertising Division (NAD) of the Council of Better Business Bureaus. We have extensive experience in matters involving the Lanham Act, the Federal Trade Commission Act, and state false advertising and unfair competition laws.
Likelihood Of Confusion
Likelihood of confusion surveys measure whether a reasonable consumer would be confused by the use of similar trademarks or trade dress on competing products. Learn More
Secondary Meaning
Secondary meaning surveys assess whether a significant or substantial part of a customer class associates a trademark or trade dress with a single source. Learn More
Genericness
Genericness surveys measure whether a trademark or trade dress is considered a brand name or a common name. Learn More
Fame Or Awareness
Fame or awareness surveys measure brand recognition and degree of fame among the general public and in specific markets. Learn More
Likelihood of Dilution
Dilution surveys assess whether or not consumers make associations between two marks, or whether a junior user of a mark has harmed association for the senior user. Learn More
False Or Deceptive
Advertising
False or deceptive advertising surveys measure whether various ads or other marketplace communications communicate a false or misleading message. Learn More
Patent and Copyright Infringement
Patent infringement damage assessment surveys can measure aspects of consumer behavior that establish damages for infringement, including customer attitude, commercial marketplace success, buyer behavior, and marketplace communications. Learn More
Materiality
Materiality surveys measure whether, and to what extent, a disputed advertising statement is likely to be important to consumer purchasing decisions. Learn More
Damages and Apportionment
Apportionment surveys measure the portion of an alleged infringer’s profits that can be attributed to the alleged infringement, allowing courts to better apportion reasonable royalty damages. Learn More
Conjoint Surveys
Conjoint Surveys derive consumer preferences by using choice-based research methods to measure attitudes and behaviors. These may be used where clients require measurement of consumers’ likelihood to purchase for specific features. Learn More
Litigation Survey Case Study
Which Crown Bears the Mark: Diageo - Mexcor Case Study
Crown Royal Canadian Whisky is marketed and sold in the United States since 1954 and its’ distinctive branding includes purple velvet bags and affiliated merchandise retain the same imagery. It is one of the most widely consumed whiskeys and its products generate hundreds of millions of dollars annually. Revenue channels include bars, retail, clubs, mass clubs, sponsorship events and venues including sporting events and performing arts venues. The purple velvet bag is focal to their brand narrative, advertising, and promotional campaigns since 1964 and in 2012, Diageo spent over 100 million in a three year period in marketing.
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