Testifying survey expert witness
Contact this Expert Witness
- Company: Catalyst Behavioral Sciences
- Phone: (213) 300-5957
- Cell: (213) 300-5957
- Website: www.catalystbehavioral.com
Specialties & Experience of this Expert Witness
General Specialties:
Intellectual Property and MarketingKeywords/Search Terms:
trademark survey, secondary meaning, class action, Eveready survey, likelihood of confusion, fame survey, Lanham Act, Squirt survey, trademark infringement, false advertising, trade dress, teflon survey, dilution, patent apportionment, survey rebuttal, genericness, patent survey, materiality surveyEducation:
Post Doctoral Fellowship, Duke University; Ph.D., Melbourne University; B.A. (Hons), Melbourne UniversityYears in Practice:
20+Number of Times Deposed/Testified in Last 4 Yrs:
45+Additional Information
Dr. David Neal is a consumer survey expert qualified in federal and state courts, with more than two decades of experience designing and analyzing litigation surveys in trademark, false advertising, patent, and class action matters. He is the founder and managing partner of Catalyst Behavioral Sciences, a consultancy specializing in consumer survey design and analysis for intellectual property and commercial litigation. Dr. Neal has personally designed and conducted hundreds of litigation surveys and has testified as an expert witness more than 80 times in federal and state courts, before the Trademark Trial and Appeal Board (TTAB), the National Advertising Division (NAD), and the International Trade Commission (ITC). He has been retained by plaintiffs and defendants across a broad range of industries including consumer products, technology, pharmaceuticals, apparel, and financial services. Clients have included Adidas, Amazon, Apple, AT&T, Delta, Diageo, Disney, Ford, the FTC, Google, OpenAI, Samsung, Tory Burch, and Walmart. Outside the context of litigation, Dr. Neal has led survey-based market research for major corporations such as Microsoft, Intel, P&G, Kenvue, and Unilever. He has also led public health survey research projects for the CDC, USAID, World Bank, and Bill and Melinda Gates Foundation. He has published 26 peer-reviewed articles and book chapters with more than 8,000 academic citations. Dr. Neal is the author of "Psychological Considerations in Designing Trademark and False Advertising Survey Questionnaires," published in Trademark and Deceptive Advertising Surveys: Law, Science, and Design (Shari S. Diamond & Jerre B. Swann eds., 2022). He also has a forthcoming article in the Trademark Reporter summarizing revisions in the Federal Judicial Center's 2026 Reference Guide on Survey Research. His expert services include survey design, fielding, and analysis; expert report preparation; critique of opposing expert surveys; expert testimony; and guidance on the examination of opposing survey experts at deposition and trial.