Litigation Surveys in Trademark, Patent, and False Advertising Cases

Dr. David Neal, Catalyst’s Managing Partner, is a leading testifying survey expert in court cases concerning trademarks, patents, and false advertising. He has testified more than 50 times in federal proceedings. He has also published on survey methodology and design issues in litigation surveys.

David 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, Tory Burch, and U-Haul. He has also worked with a wide range of law firms including DLA Piper, Kilpatrick Townsend, Kirkland & Ellis, Debevoise and Plimpton, Fross Zelnick, and Wilmer Hale.

His expertise in litigation surveys includes:

Association/dilution
Likelihood of confusion
Fame
Genericness
Secondary meaning/distinctiveness
False advertising
Patent infringement
Patent feature valuation/apportionment
Class actions
TTAB surveys

For more information

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.

Contact

DAVID NEAL, PH.D. - MANAGING PARTNER

[email protected]

PENNY SCUDDER - BUSINESS MANAGER

[email protected]

OFFICES

Miami, FL