IP Surveys and Market Research

In many patent, trademark, trade dress, and false advertising cases, understanding the “mind of the customer” is a crucial component of determining materiality, assessing customer confusion, or apportioning value among product features.  Courts consistently have recognized that a rigorously designed and administered survey methodology may provide the clearest and most direct evidence of consumer perceptions and behaviors.

When preparing damages estimates and quantifying product, feature, or brand value, we often integrate our survey, market research, IP, and industry expertise. Our clients rely on us to evaluate a wide range of issues, including:

  • Identifying purchase drivers and assessing likelihood of purchase
  • Measuring the degree or likelihood of consumer confusion over similar marks or dress, or over product claims
  • Assessing secondary meaning and genericness
  • Apportioning value among at-issue features
  • Incorporating measurable customer perceptions and willingness-to-pay in damages estimates

Our in-house and affiliated academic experts have extensive experience with well-established methodologies, such as choice experiments and conjoint analysis, as well as with advanced data science techniques that allow us to translate anecdotal responses and unstructured data into quantifiable measures. We frequently work with academic affiliates to incorporate advances in methodological research and to offer complementary approaches such as archival research.

Our experts also evaluate opposing parties’ survey methodologies, often identifying critical errors and design flaws that undercut the validity of the survey results.