Genericness Expert Witnesses

Burlington, Massachusetts

Marketing, Advertising - Survey research, Lanham Act, trademark infringement, trade dress infringement, likelihood of confusion, dilution, secondary meaning, genericness, false/deceptive advertising, class action, Intellectual property

Federal and state level qualified consumer survey expert with 30 years market research experience. Principal at Applied Marketing Science, Inc., a full-service market research and consulting firm. Mr. Sowers has served as a testifying expert and submitted reports to Federal and State Courts, as well the Trademark Trial and Appeal Board, in a variety of litigation matters on behalf of plaintiffs and defendants. He has personally designed and conducted thousands of market research surveys across a broad range of modalities and a broad range of populations. Mr. Sowers hosts an annual CLE accredited webinar on survey evidence in Intellectual Property and serves as an editor for The Trademark Reporter. His expert services include survey design, implementation and analysis, expert report preparation, critique of opposing expert reports, expert testimony, guidance on the deposition and trial questioning of opposing expert witnesses.

Dallas, Texas

Marketing, Advertising - Trademark Survey, Advertising Survey, Consumer Survey (Lanham Act - Likelihood of Confusion, Secondary Meaning, Genericness, Fame, Dilution, Advertising), Class Action, Intellectual Property, Consumer Behavior, Licensing, Deceptive Trade Practices, Fraudulent Business Practices, Rebuttal

RETAINED BY 200+ LAW FIRMS. COURT PROVEN. Ms. Harper has over 30 years’ experience and is one of the few experts who is court qualified across many matters. As a former chief marketing officer for Fortune 500 companies, general manager for a leading global communications agency, serial entrepreneur, and an adjunct marketing professor, she has been engaged by hundreds of law firms in cases regarding intellectual property infringement, misleading advertising, licensing, breach of contract and performance, unfair competition, trade practices, consumer privacy, and standard practices. She has also been a designated expert in more than ten class action lawsuits. As a leading survey expert, Ms. Harper has conducted or rebutted more than 200 Lanham Act trademark, trade dress, and advertising surveys. Since 2005, Ms. Harper has testified more than 100 times in virtually every Federal Circuit Court, along with State Courts, USPTO, TTAB, and in arbitrations through both AAA and JAMS. 2023 C...

Seattle, Washington

Marketing, Advertising - Consumer Surveys, Lanham Act, Likelihood of Confusion, Dilution, Trade Dress Infringement, Intellectual Property, Trademarks, Genericness, False & Deceptive Advertising, False Labeling, Consumer Class Actions, TTAB Surveys, NAD Surveys, Lanham Act Surveys, Litigation Surveys, Consumer Protection Act

Consumer Survey Expert Practice Michael Keyes is a consulting and testifying consumer survey expert and leads Dorsey’s Consumer Insights Group. Mike brings a truly unique value proposition to his work as an expert. Not only does he have an advanced degree in Survey Research & Data Analysis, but he also has over two decades of practical experience as a trial lawyer in drafting and analyzing consumer surveys, as well as collaborating with, deposing, and cross-examining survey experts. Mike understands the critical importance of this type of evidence in litigation and excels at making it relatable and understandable to judges and juries. Mike is a leading voice on consumer survey evidence, regularly presenting at national conferences and events hosted by the ABA, AIPLA, PLI, Strafford, and AAPOR (the American Association for Public Opinion Research). He publishes frequently on the topic of consumer surveys and maintains an active following on LinkedIn where hundreds of lawyers and su...