Market research can be critical evidence in litigation or arbitration proceedings. It is frequently a core input in establishing liability and quantum of damages. Whether you are analysing existing historic market research or commissioning new surveys, market research requires rigorous, balanced and objective analysis.
Consumer surveys can significantly enhance expert evidence in a variety of litigation or arbitration proceedings including trademark infringement, passing off actions, patent infringement, breach of contract and reputational loss.
Market research may be commissioned to:
- Assess how consumer would have behaved in the “but for” scenario had the alleged infringement not occurred
- Determine how and why consumers choose products and services
- Evaluate the impact on consumers of trademark infringements
- Determine consumer preferences for product features and thereby determine the value of each product features.
Market research must be supported by clear and authoritative expert reports and witness testimony. Legal advisers should be aware that poorly planned and analysed market research can undermine an argument.
When brand equity, brand or business reputation, or IP value are at risk, an understanding of consumer behaviour in response to the alleged infringement is critical. Our experienced team of experts are qualified accountants, marketers and valuers and can evaluate existing research, or construct, collect, aggregate and evaluate bespoke consumer surveys commissioned for a specific action.
Our experts are members of The Institute of Chartered Accountants in England and Wales, The Institute of Chartered Accountants of Scotland, The Chartered Institute of Management Accountants, The Academy of Experts, The Society of Expert Witnesses, The Expert Witness Institute, Accredited Expert Witnesses and Accredited Forensic Accountants approved by the ICAEW and have supplied evidence for courts in Australia, UK, France, USA and all over the world.