Litigation Survey Consulting

Secure litigation survey consulting expertise to discover where your case stands before key decisions are made.

30+ Years of Industry Experience
70,000+ Cases Served
6,500+ Completed Trials

Providing expert survey consulting to inform early-stage litigation strategies.

Consumer surveys are a valuable tool in high-stakes litigation, but results do not always align with expectations. If survey data does not support assumptions shaping your team’s strategy, the time and money invested in a testifying expert’s survey may return little value.

When getting it right the first time is of utmost importance, IMS survey consulting experts can conduct targeted research to explore issues that could impact your legal strategies. We help you determine whether consumer perception supports your client’s arguments and what type of litigation survey may ultimately provide the most compelling evidence.

These early, non-evidentiary surveys are designed and analyzed by our consulting experts, allowing your team to gauge consumer perceptions prior to engaging a testifying expert.

Early Answers to Complex Litigation Questions

Survey evidence is most critical when case outcomes hinge on how consumers perceive, interpret, or are influenced by disputed claims, branding, or messaging. Partnering with a litigation survey consultant early on provides an opportunity to examine case-specific questions that could shape strategies later in the litigation process. For example:

Do consumers respond to a particular statement, trademark, or packaging the way we expect?
What type of survey is most appropriate for this matter?
How do different types of consumers respond to the theory of the case?
Is this trademark famous enough for survey respondents to remember it without seeing it?
How strong is potential survey evidence likely to be on different topics?

Litigation Survey Consulting Across Key Issues

To answer strategic questions effectively, IMS consulting experts conduct and advise on several litigation survey types, such as:

Trademark Surveys

Likelihood of Confusion Surveys: Are consumers confused by allegedly similar trademarks or trade dress?
Acquired Distinctiveness Surveys: Do consumers associate an asserted trademark or trade dress with a single source?
Reputation or Brand Awareness Surveys: How well known is a brand or product among the general consuming public?

Other Litigation Survey Services

Materiality Surveys: Are the disputed advertising claims or allegedly infringing trademarks likely to impact consumers’ purchase decisions?

Our expert team understands the rigorous standards courts have established for litigation surveys, so you can be confident in receiving reliable, methodologically sound guidance to strengthen early case strategies.