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Litigation Support - Consumer Surveys
AMS typically performs consumer surveys to determine how individuals would have behaved "but for" the alleged
acts of the offending party. We can also determine how customer perceptions are formed and how purchase decisions
are typically made for a given product. Working with a variety of leading marketing experts,
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 also can help
assess the incidence of secondary meaning.
- 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 certification 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.
- Fraud claims, involving false or misleading advertising or other matters that require
analyses of the incidence and degree of potential consumer confusion.
- Market power 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.
Please click here for summaries of selected cases.
Send inquiries to legal@ams-inc.com
or contact Shelley Schussheim, Vice President, at (781) 250-6304.
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