Litigation Surveys in Trademark, Patent, and False Advertising Cases


Dr. David Neal, Catalyst’s Managing Partner, frequently acts as a survey expert in federal court cases, typically concerning trademarks, patents, and false advertising. He has testified more than 50 times in federal proceedings and has been retained by a wide range of clients including Adidas, Apple, Breitling, Delta Airlines, the Federal Trade Commission, Fiat Chrysler, Netflix, Samsung, the State of Arizona, and Tory Burch. David has also published on survey methodology and design issues in litigation surveys.

David has extensive experience designing, conducting, and reporting litigation surveys. He also acts as a rebuttal expert and has a detailed scientific and practical understanding of multiple survey formats, including:

  • Likelihood of confusion surveys (including Eveready, Squirt and Aided Eveready formats)
  • Genericness surveys (including Teflon and Thermos formats)
  • Association/dilution surveys
  • Secondary meaning surveys
  • Fame
  • Surveys to quantify infringing use in patent cases
  • Surveys to apportion feature value in patent cases
  • Surveys to quantify deception, puffery, and materiality in false advertising cases
  • Trademark Trial and Appeal Board surveys



For more information, see:

Neal, D. (2022). Psychological considerations in designing trademark and false advertising survey questionnaires. Shari S. Diamond & Jerre B. Swann (Eds.) Trademark and Deceptive Advertising Surveys: Law, Science, and Design, 273-290.





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