Litigation Support Services
Survey-based data can be a powerful source of evidence to support, or refute, legal claims and assertions. The research design must be bulletproof, the sampling must be perfect, the questionnaire must be carefully crafted, and survey execution must be flawless. Carefully designed survey results are widely accepted by courts and can often make a significant difference in final trial outcomes. Survey evidence can be used to document, support, or oppose:
- Change of Venue requests
- Trademark infringement and disputes
- Trade dress (acquired distinctiveness)
- Secondary meaning
- Likelihood of consumer confusion
- Strength of mark (trademark, service mark, collective mark)
- Substantiation of advertising claims
- Deceptive or false advertising disputes
- Product performance advertising claims
- Packaging distinctiveness and trade dress issues
- Copyright infringement cases
- Unfair competition disputes
- Any legal dispute in which public knowledge, awareness, and/or perceptions are relevant to the case.
The Lanham Act (Trademark Act of 1946)
This Act and subsequent amendments form the primary federal statute(s) governing trademarks, trademark registration, trademark infringement, unfair competition, false advertising, and remedies. The Act covers trademarks, service marks, collective marks, and certification marks. The Lanham Act is a comprehensive legal framework to protect brand owners and consumers/customers of those brands.
Why Decision Analyst?
Founded in 1978, Decision Analyst is one of the largest privately owned survey-research and analytical consulting firms in North America. The firm conducts its surveys and analyses to the highest quality standards and is ISO certified. The firm provides an array of litigation support services and analyses, depending on the exact requirements of each project. The firm is an active member of and adheres to the quality standards of the Insights Association (U.S. based research industry association) and ESOMAR (worldwide research industry association).
If you have questions you would like to discuss, or if you would like a proposal and cost estimate, please fill out the Contact Us form. We will get back to you quickly, or call Jerry W. Thomas, CEO, at 817-368-7048 or 817-640-6166
How Can We Help You?
Related Legal Services
Mock Juries
Lawyers often get lost in the weeds of a legal dispute and overlook critical overarching themes that could greatly improve their chances of winning. Properly planned and carefully executed mock juries help reveal unknown unknowns, potential jury biases, evidence and logic easily accepted versus evidence and logic lacking in credibility. Mock juries can also provide an approximate likelihood of winning a case.
Damage Analytics
In cases involving potential damage awards, surveys, mock juries, and econometric analyses can often provide an analytic foundation and guidelines for maximizing or minimizing those damage awards. Materiality surveys can reveal the quantitative impact of deceptive advertising claims and form the basis for damage claims, and surveys and experiments can form a basis for price premium calculations.
Decision Analyst is ISO 27001:2022 Certified
Decision Analyst is committed to the highest quality standards and maintains certification in ISO/IEC 27001:2022, the international standard for information technology and information security management systems. Learn more about our security practices.
