Lanham Act Expert Witnesses

Los Angeles, California

Marketing, Behavioral and Social Sciences - Consumer Behavior, Marketing Strategy, Marketing Research, Marketing Management, Lanham Act, Confusion, Dilution, Secondary Meaning, Genericism, Right of Publicity, Celebritys, Statistician, Surveys, Creativity

From January 1, 2018 until I retired on June 30, 2020, I was Director of Online Programs and Visiting Full Professor of Marketing at the Peter F. Drucker Graduate School of Management at Claremont Graduate University. As of September 2021, I took an appointment as Adjunct Full Professor of Marketing at California State University Northridge (CSUN) teaching Undergraduate Marketing Research and Graduate Marketing Management where I remain on a part-time basis (as needed) today. Prior to my appointment at Drucker, I served as Director of Research, Full Professor and Area Head of Marketing with tenure at the Harriman School of Business at Stony Brook University-SUNY for eleven years. At Stony Brook, I exclusively taught courses in marketing at the graduate level, including Marketing Research, Marketing Management, and Marketing Strategy. Prior to my position at Stony Brook, I was an Associate Professor of Marketing, with tenure, at the Marshall School of Business Administration (Univer...

Los Angeles, California

Marketing, Advertising - Survey research, Intellectual property, Lanham Act, Trademark infringement, Trade dress infringement, Likelihood of confusion, False advertising, Deceptive advertising, Secondary meaning, Genericness, Dilution

Lucas Carden, Ph.D., is a research scientist and managing partner at FocusMark LLC and serves as a testifying survey expert on matters related to trademark and trade dress infringement and false and deceptive advertising. He has over a decade of experience designing, executing, and evaluating consumer surveys for complex litigation matters, corporate market research, and academic research. Dr. Carden has been retained as a survey expert in multiple litigation matters before United States District Courts. He has experience supporting other litigation survey experts, as well as conducting survey research and preparing rebuttal critiques in disputes regarding likelihood of confusion, secondary meaning, genericness, false and deceptive advertising, materiality, and patent valuation. His litigation experience includes matters before federal and state courts, the Trademark Trial and Appeal Board (TTAB), and the National Advertising Division (NAD). Beyond litigation, Dr. Carden has con...

Fort Collins, Colorado

Marketing, Intellectual Property - Lanham Act, Trade dress, Claim substantiation, Damages apportionment, Influencer marketing, Likelihood of confusion, Secondary meaning, Consumer perception, Survey rebuttal, Pricing, Eveready survey, False advertising, Conjoint analysis, Daubert critique, Platforms, Squirt survey, Deception survey, Choice modeling, FRE 702, Retail

Lanham Act consumer surveys (Eveready, Squirt, trade dress, secondary meaning, deception). Conjoint/choice modeling for damages & apportionment. Rebuttals & Daubert/FRE 702 critiques. Services: survey design/oversight, conjoint valuation, report drafting, rebuttals, deposition, and trial testimony. Turnaround: record review 2–4 days; protocol 7–10 days; fielding 5–7 days; report 10–14 days post-field (scope-dependent). Availability: nationwide; English/Mandarin Chinese Conflicts: will conduct a conflicts check upon inquiry. Rates: standard expert rates; minimum engagement applies. Jonathan Z. Zhang is a tenured quantitative marketing professor and editorial leader specializing in consumer perception, branding, and digital platforms. He can design and critique Lanham Act consumer surveys—including likelihood-of-confusion (Eveready, Squirt, trade dress), secondary meaning, and deception/claim-substantiation—and conduct conjoint/choice-based analyses for valuation and damag...

Baltimore, Maryland

Marketing, Advertising - Survey research, consumer behavior, consumer confusion, deceptive advertising, trademark, trade-dress and genericness, Lanham Act, FTC, class-action litigation

Federal and State qualified advertising, marketing and survey research expert representing plaintiff and defendant clients in advertising and trademark litigation matters. Designed over 700 surveys related to advertising, trademark trade dress and genericness areas for plaintiff and defendant clients. Former Director of Impact Evaluation in FTC's Bureau of Consumer Protection. Expert in design and implementation of on-line and internet panel surveys. Author of journal articles on "Guidelines for On-Line Surveys in Litigation," "Comparison of Mall and On-Line Surveys in Litigation."

Burlington, Massachusetts

Marketing, Advertising - Survey research, Intellectual property, Lanham Act, Trademark infringement, Trade dress infringement, Likelihood of confusion, Secondary meaning, Genericness, Dilution, False advertising, Deceptive advertising, Class action

Amanda T. Bulian is a senior manager at Applied Marketing Science, Inc. (AMS) and serves as a testifying survey expert on matters related to intellectual property, false and deceptive advertising, and class actions. At AMS, she provides expert research consultation and rebuttal critiques for consumer survey evidence in federal and state civil litigation matters and cases brought to the National Advertising Division (NAD). She has comprehensive experience designing and executing consumer surveys for matters involving trademark and trade dress likelihood of confusion, secondary meaning, and genericness, as well as surveys assessing consumer perceptions and materiality of allegedly deceptive advertising and marketing claims. Amanda’s expert services include survey design, data collection, experimental data analysis, expert report preparation, critiques of opposing expert reports, expert testimony, and guidance on the deposition and trial questioning of opposing expert witnesses. S...

Burlington, Massachusetts

Marketing, Advertising - Survey research, Lanham Act, trademark infringement, trade dress infringement, likelihood of confusion, dilution, secondary meaning, genericness, false/deceptive advertising, class action, Intellectual property

Federal and state level qualified consumer survey expert with 30 years market research experience. Principal at Applied Marketing Science, Inc., a full-service market research and consulting firm. Mr. Sowers has served as a testifying expert and submitted reports to Federal and State Courts, as well the Trademark Trial and Appeal Board, in a variety of litigation matters on behalf of plaintiffs and defendants. He has personally designed and conducted thousands of market research surveys across a broad range of modalities and a broad range of populations. Mr. Sowers hosts an annual CLE accredited webinar on survey evidence in Intellectual Property and serves as an editor for The Trademark Reporter. His expert services include 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.

New York, New York

Marketing, Advertising - Survey research, Copyright & patent & intellectual Property, Fraud & class action, False & misleading advertising, Social media, Communications confusion and secondary meaning, Media claims, Misappropriation of image, Lanham act, Trademark & trade dress infringement, Trade secrets

NATIONWIDE SERVICES: LOCATIONS IN NEW YORK AND CHICAGO AND FLORIDA AND HAWAII Rare combination of an ADVERTISING and MARKETING expert who has substantial experience as BOTH a SENIOR EXECUTIVE and ACCOMPLISHED ACADEMICIAN. Dr. Larry Chiagouris has provided expert testimony and opinions on several issues, including damages, marketing, advertising, intellectual property issues (including the use of survey research) for plaintiffs and defendants. Opinions have been provided at federal/state court levels and arbitration venues for prominent firms to include Akin, Gump, Strauss Hauer & Feld LLP; Davis Wright Tremaine; Finnegan, Henderson, Farabow, Garrett & Dunner, LLP; Gibbons; Jones Day; Nixon Peabody; and Vorys, Sater, Seymour and Pease. Selected as one of 10 best and brightest researchers and called a branding guru and consumer behavior expert by the media. He is Past Chairman, Advertising Research Foundation and served as a member of the board of directors of the American Market...