Materiality litigation survey findings determine whether an advertising claim, trademark, or other intellectual property would be material to the purchasing behavior of a consumer. Materiality can be an important element of successful false advertising allegations. MMR Strategy Group conducts surveys measuring materiality in support of, or in rebuttal to, allegations of false or misleading advertising or trademark infringement. We conduct standalone materiality surveys as well as advertising communications or trademark surveys that incorporate questions about materiality.
As experienced expert witnesses, we know how to design materiality litigation surveys that are scientifically sound and adhere to survey standards established by courts and other venues. If you’re exploring establishing materiality with a survey, with or without an advertising communications component, contact MMR to discuss how we can help.
How to Measure Materiality
Materiality is the importance or weight of specific features of a product or service in consumers’ purchasing decisions. In cases alleging false advertising, and for the purposes of damage assessment, a frequently accepted way to provide evidence about what potential buyers think is to ask them, using a consumer survey. Materiality surveys are often accepted as evidence in cases alleging false advertising and in damage assessment. Some courts and experts require materiality surveys in certain kinds of false advertising matters.
MMR Strategy Group designs litigation surveys to measure materiality using a variety of court-accepted methods. Our materiality surveys are designed to test features or elements of a product or service that affect the consumer’s purchasing decision. MMR strategies for measuring materiality depend on the specific product and industry involved, the specific allegations in the case, and the venue where the case will be heard.
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