Survey Rebuttal Expert Witnesses

Fort Collins, Colorado

Marketing, Intellectual Property - Lanham Act, Trade dress, Claim substantiation, Damages apportionment, Influencer marketing, Likelihood of confusion, Secondary meaning, Consumer perception, Survey rebuttal, Pricing, Eveready survey, False advertising, Conjoint analysis, Daubert critique, Platforms, Squirt survey, Deception survey, Choice modeling, FRE 702, Retail

Lanham Act consumer surveys (Eveready, Squirt, trade dress, secondary meaning, deception). Conjoint/choice modeling for damages & apportionment. Rebuttals & Daubert/FRE 702 critiques. Services: survey design/oversight, conjoint valuation, report drafting, rebuttals, deposition, and trial testimony. Turnaround: record review 2–4 days; protocol 7–10 days; fielding 5–7 days; report 10–14 days post-field (scope-dependent). Availability: nationwide; English/Mandarin Chinese Conflicts: will conduct a conflicts check upon inquiry. Rates: standard expert rates; minimum engagement applies. Jonathan Z. Zhang is a tenured quantitative marketing professor and editorial leader specializing in consumer perception, branding, and digital platforms. He can design and critique Lanham Act consumer surveys—including likelihood-of-confusion (Eveready, Squirt, trade dress), secondary meaning, and deception/claim-substantiation—and conduct conjoint/choice-based analyses for valuation and damag...

Miami, Florida

Intellectual Property, Marketing - trademark survey, secondary meaning, class action, Eveready survey, likelihood of confusion, fame survey, Lanham Act, Squirt survey, trademark infringement, false advertising, trade dress, teflon survey, dilution, patent apportionment, survey rebuttal, genericness, patent survey, materiality survey

Dr. David Neal is a consumer survey expert qualified in federal and state courts, with more than two decades of experience designing and analyzing litigation surveys in trademark, false advertising, patent, and class action matters. He is the founder and managing partner of Catalyst Behavioral Sciences, a consultancy specializing in consumer survey design and analysis for intellectual property and commercial litigation. Dr. Neal has personally designed and conducted hundreds of litigation surveys and has testified as an expert witness more than 80 times in federal and state courts, before the Trademark Trial and Appeal Board (TTAB), the National Advertising Division (NAD), and the International Trade Commission (ITC). He has been retained by plaintiffs and defendants across a broad range of industries including consumer products, technology, pharmaceuticals, apparel, and financial services. Clients have included Adidas, Amazon, Apple, AT&T, Delta, Diageo, Disney, Ford, the FTC, Goo...