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  • Advertising Claim Substantiation
    • Claims Substantiation Surveys
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    • Likelihood of Confusion Surveys
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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 Graphic from MMR Strategy Group
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 Graphic from MMR Strategy Group
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 Survey Graphic from MMR Strategy Group
Genericness

Genericness surveys measure whether a trademark or trade dress is considered a brand name or a common name. Learn More

Fame Or Awareness Survey Icon from MMR Strategy Group
Fame Or Awareness

Fame or awareness surveys measure brand recognition and degree of fame among the general public and in specific markets. Learn More

Dilution Survey Graphic from MMR Strategy Group
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 Graphic X from MMR Strategy Group
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

Damages Surveys Graphic from MMR Strategy Group
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 Survey Graphic from MMR Strategy Group
Materiality

Materiality surveys measure whether, and to what extent, a disputed advertising statement is likely to be important to consumer purchasing decisions. Learn More

Apportionment Survey Graphic from MMR Strategy Group
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

Materiality Survey Graphic from MMR Strategy Group
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.

Learn more

Crown Royal Case Study MMR Strategy Group

Explore Our Library

Review Litigation Survey Resources

Featured Blog Article

NEW RULING! Negative Option Features Come Under Scrutiny by FTC and DOJ Subscribe Image
NEW RULING! Negative Option Features Come Under Scrutiny by FTC and DOJ

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Featured White Paper

Asking The Right Questions
Trademark Survey: Asking the Right Questions

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Featured case study

Crystal Head Vodka Case Study MMR Strategy Group
Globefill Incorporated vs Elements Spirits Inc Case Study

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16501 Ventura Boulevard Suite 601
Encino, CA 91436
(818) 464 - 2400
info@mmrstrategy.com

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