Likelihood Of Confusion Expert Witnesses

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...

Los Angeles, California

Industrial Design, Intellectual Property - Design, Design Patent Infringement, Design Patent Validity, Utility Patent Infringement, Utility Patent Validity, Patent Litigation, Trade Dress Infringement, Trade Dress, Secondary Meaning, Functionality, Likelihood of Confusion, Product Design, Industrial Design, Trademark Infringement, Trademark, Patent

Formerly a corporate lawyer, I graduated Harvard Law School and later earned a Master's in Industrial Design at Pratt Institute. From toys to complex medical devices, I've spent over 30 years guiding innovation through strategic product development, and have helped hundreds of clients bridge the elusive gap between creative insight and commercial success. As design consultant to a broad range of markets and industries, I keep my finger on the pulse of critical trends in consumer electronics, medical devices, transportation, IOT, toys, and a host of other product categories. With clients including LG Electronics, Swingline, Kimberly Clark, Olympus, Qualcomm, Novartis, Fisher Price, Blackberry, Dell, Intel, Disney and Hallmark, I bring that foundation of understanding to my work as design expert witness, and it has proven invaluable to developing effective litigation strategies and legal arguments. Designers think in such a unique way that it's been coined “Design Thinking,” while l...

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...

Decatur, Georgia

Marketing, Behavioral and Social Sciences - consumer perception, likelihood of confusion, secondary meaning, implied endorsement, trademark infringement, false advertising, brand dilution, claim substantiation, survey design, trade dress, packaging perceptions, statistical analysis, false endorsement, consumer surveys, survey evidence, consumer confusion

Dr. Ward is a consumer behavior scholar and expert witness who applies behavioral science to trademark, trade dress, and advertising disputes. She brings over 20 years of experience conducting and evaluating consumer research in academic and applied settings, with particular depth in brand perception, survey methodology, and decision-making. Her expert witness work includes intellectual property litigation involving likelihood of confusion, secondary meaning, brand dilution, and related consumer perception issues, including the design and evaluation of litigation-oriented consumer surveys and service as a rebuttal expert in federal and state court proceedings.

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.

Dallas, Texas

Intellectual Property, Marketing - Trademark Survey, Advertising Survey, Consumer Survey, Secondary Meaning, Genericness, Fame, Dilution, Advertising, Class Action, Intellectual Property, Consumer Behavior, Licensing, Deceptive Trade Practices, Fraudulent Business Practices, Rebuttal, Likelihood of Confusion, Trademark Infringment, Standards and Practices, Marketing

Ms. Harper is a nationally recognized marketing and consumer perception expert retained by hundreds of law firms in high-stakes matters involving trademark infringement, false and misleading advertising, licensing disputes, branding conflicts, and complex marketing issues. Since 2005, she has been retained by more than 300 law firms to conduct or rebut nearly 300 litigation-focused consumer surveys and reports, author over 100 expert marketing reports, and testify more than 150 times. Her work is grounded in rigorous methodology, real-world marketplace experience, and a deep understanding of how consumers perceive brands, messaging, and competitive claims. With over 35 years of senior executive corporate leadership, Ms. Harper previously served as a Fortune 500 Chief Marketing Officer for two companies and as Senior Vice President and General Manager at a global communications agency. She has also served as an adjunct professor of marketing and is a successful serial entrepreneur....