When your client’s case is at stake, you need evidence that can hold up under intense questioning, delivered by an expert that can withstand even the most rigorous Daubert challenge. Market research surveys can provide solid data that is far more effective in litigation than expert opinion alone. Our two decades of experience, rigorous methodology, extensive network of experts, and impeccable credentials help us achieve outstanding results for our clients. Over 75 prominent law firms, and many of the nation’s top economic consulting firms, have relied on Applied Marketing Science for their toughest, most complex cases.

Consumer surveys are used in litigation to help determine how individuals would have behaved “but for” the alleged acts of the offending party. AMS can assess how consumer perceptions are formed and how purchase decisions are typically made for a given product or service. Working with a variety of leading marketing experts, all with experience in litigation support, we can provide expert witness testimony in cases involving:

  • Trademark claims, including allegations of trade dress infringement and other Lanham Act claims, which require analysis of consumer opinions, behavior, and potential confusion. We can also help assess the incidence of secondary meaning.
  • Deceptive advertising, including analysis of how customer perceptions are formed, how purchase decisions are typically made for a given product, and the incidence and degree of potential consumer confusion.
  • Patent infringement claims, including the valuation of allegedly infringing product features, based on analysis of consumer preferences.
  • Class certification issues, primarily in helping defense attorneys demonstrate that class certifications should not be granted because of significant differences among potential class members. Our work in these cases involves analysis of such factors as numerosity, commonality, typicality, and adequacy of representation.
  • Antitrust issues, including alleged anti-competitive behavior and claims of antitrust violations, which require a definition of the relevant market, based on consumer use and consideration of alternative products.