Applied Marketing Science (AMS) can develop and implement surveys for use in disputes involving alleged trademark or trade dress infringement. Over 75 prominent law firms have retained AMS to help assess the incidence of secondary meaning and confusion on behalf of their clients. In every facet of our opinion surveys - choice of the survey population, use of control groups, question formats, and statistical analysis - we can develop rigorous questionnaires that have been accepted by numerous courts to prove and refute allegations of Lanham Act violations.
Uniquely Experienced in Legal Surveys
AMS understands the legal standards for survey research in litigation. We know how to develop questions that are not leading or biased, how to derive valid measurements of confusion, and how to develop stimuli that are truly representative of actual purchase or post-purchase situations. Our 19 years of interviewing customers in dozens of industries have helped us understand the customer mindset, enabling us to "crawl into the minds of consumers."
Familiar with Legal Strategy and Process
We know how to talk to attorneys and can work with you in the manner that best suits each case; either with significant early involvement in establishing the legal strategy, or on a "last-minute" basis within tight deadlines. We have also worked with leading economic consulting firms and understand how to design surveys and produce data that can fit into a damages analysis.
Trademark Litigation Services
- Survey design and implementation
- Identification and support of appropriate marketing experts
- Evaluation of the likely benefits of collecting market research data
- Critique of opposing expert reports
- Guidance on the deposition and trial questioning of opposing expert witnesses
Network of Consultants and Expert Witnesses
AMS works with academic experts spanning a range of academic disciplines, including:
- Market research methodology
- Consumer preference and behavior
- Brand equity and loyalty
- Marketing communications
- Product development and innovation
- Customer satisfaction measurement
- Sales promotion
- Market response models
AMS also collaborates with Ph.D. economists and finance experts from leading economic consulting firms across the country.
Send inquiries to
or contact Shelley Schussheim, Vice President, at