Legal

Delivering the technical and research expertise to give you a decisive edge in any complex litigation.

Legal, Trademark and Advertising Surveys

ORC International provides clients with unparalleled survey research expertise and expert witness support for trademark, trade dress, advertising, and other legal disputes involving issues of consumer or business perception. With over 20 years of experience, our sophisticated research methodologies, analysis techniques and knowledge of relevant legal standards enable us to produce legally and statistically defensible evidence that can withstand adversarial and judicial scrutiny.

We support your survey research needs in the areas of:

• Trademark & Trade Dress Law
• Advertising Perception and Comprehension
• Utility and Design Patents
• Claims Substantiation
• Other Disputes Involving Consumer Perception and Behavior
• Critiques of Third Party Surveys

 

Recently Accepted Surveys

Gosmile v. Levine

In a recent judicial decision, the Court in the Southern District of NY accepted and relied on the surveys of ORC International's researcher Hal Poret in finding no likelihood of confusion and denying a motion for preliminary injunction in a trademark case, Gosmile v. Levine. Click here for the PDF of the Judge’s Opinion.

FIJI Water Decision

A Central District of California Judge accepted the Poret likelihood of confusion survey and Poret’s criticism of the defendant’s survey in granting FIJI’s motion for a preliminary injunction. Click here for the PDF of the Judge’s Opinion.

3M v. Mohan

After a bench trial, the District of Minnesota Court accepted the Poret online confusion survey in finding a likelihood of confusion and ruling for the plaintiff, 3M. Click here for the PDF of the Judge’s Opinion.

1-800 Contacts

A District of Utah Judge accepted Poret’s critique of plaintiff’s survey in ruling the survey inadmissible and granting summary judgment for the defendant, Lens.com.Click here for the PDF of the Judge’s Opinion.

Claims Substantiation

Minimize risk and base your claims on sound, accurate research conducted by a trusted authoritative source. From the very beginning stages of development of your advertising strategy or messaging to expert witness support, ORC International can help you steer your ideas in the right direction and ensure you are creating the most powerful and compelling claims.

No matter what type of claim, we will ask the right questions to gain a true understanding of the strength of your brand and will work with you to develop a strategic advertising message that resonates with your target customers.

ORC International has the tenure and expertise to help you:

• Determine how to phrase the most effective claim about your brand
• Devise and conduct valid research studies to develop unsubstantiated claims
• Secure your brand's stance in the marketplace and increase brand equity
• Give your brand a defined edge over competition in the marketplace
• Bulletproof your claim to minimize litigation and avoid risk

With a proven track record of conducting claims over 20 years - not one has ever been overturned or successfully challenged - ORC International is an authoritative source for legally and statistically reliable research.

Litigation Support Services

Whether you need to work directly with an expert or create a team of analysts, primary researchers or experts, ORC International provides a unique breadth and depth of integrated solutions so that your claim can withstand the most rigorous adversarial and judicial scrutiny. With over 100+ in-house technical analysts, combined with a network of over 10,000 subject matter experts, you'll benefit from our extensive scientific, market, and technical experience to support any part of your litigation process.

Our areas of specialty include intellectual property, product liability, insurance, medical devices and others, and we offer resources and support for:

• Expert advice, deposition and testimony
• In-depth field research and investigative interviews
• Drafting and reviewing of expert reports
• Technical assistance in depositions
• Preparation of litigation briefs
• Forensic investigations
• In-depth, comprehensive prior art research
• Intellectual Property Support

Expert Witness Services

ORC International provides expert witness support through our Legal teams and Expert Network, Intota. Connect to over 15,000 rigorously screened peer-recommended experts in over 35,000 areas of science, engineering, medicine/healthcare, regulation, and business. In addition to expert witness services, our experts provide expert consulting and expert-based research covering a wide variety of needs such as market research, product development, materials sourcing, manufacturing production, and litigation consulting.