Marketing Expert Witnesses
Marketing disputes in commercial litigation typically arise when companies disagree about whether advertising claims, brand use, or consumer research accurately represent a product or create a likelihood of confusion with a competitor's mark. These disputes surface in trademark and trade dress litigation requiring consumer survey evidence on confusion or brand dilution, in false advertising cases under the Lanham Act contesting whether marketing claims are literally false or misleading, and in breach of contract disputes between companies and their marketing or advertising agencies over campaign performance and deliverables. Because consumer perception and marketing effectiveness depend on research methodology that can be designed and interpreted in different ways, the central issue is typically whether the marketing claims, survey evidence, or consumer research at issue accurately reflect how consumers actually perceive the product, brand, or advertisement.
A marketing expert helps attorneys evaluate that question by applying accepted consumer research and marketing methodologies to the claims, surveys, or campaign performance at issue. That might mean designing or critiquing a consumer survey measuring trademark confusion or advertising claim comprehension, evaluating whether an advertising claim is substantiated by the underlying data, or assessing whether a marketing agency's campaign performance met the deliverables specified in its contract. These findings support positions on trademark infringement, false advertising, and breach of contract, giving attorneys a research-grounded basis for litigation strategy.
Marketing cases benefit from experts whose specific background, whether consumer behavior and survey research, advertising and brand strategy, or a particular industry vertical, matches the precise marketing question at issue rather than marketing in general terms. Round Table Group's marketing network includes scholars and industry professionals with experience across advertising, branding, and consumer research who have worked with Fortune 500 companies and testified on trademark infringement, deceptive advertising, and consumer confusion. With more than 75,000 expert searches completed for litigators, we help attorneys match a case's specific marketing issue to an expert whose credentials will withstand scrutiny. Let us help you find the right marketing expert for your case by calling us at (202) 908-4500.