Discovery Research
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Legal Research / Consumer Evidence

Consumer Surveys for Litigation and AMCU Cases

We study how consumers perceive trademarks, packaging, names, design and advertising materials.

Together with the legal team, we define what needs to be tested, build the sample, design the study, conduct fieldwork and perform the statistical analysis.

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Do consumers confuse the two brands?
Do they think the products come from the same manufacturer?
Which company do they associate the packaging with?
How do they interpret the advertising message?

01 / When research is useful

When Consumer Perception Matters

In disputes involving trademarks, packaging or advertising, it is often important to understand how consumers actually perceive the disputed material. Research makes that perception measurable.

01 Trademarks Do consumers confuse the two marks?
02 Packaging Is the disputed design associated with another brand?
03 Origin Do consumers think the products come from the same manufacturer?
04 Connection Do consumers assume a commercial connection between the companies?
05 Awareness How well does the relevant audience know the trademark?
06 Advertising What meaning do consumers take from the message?

02 / Similarity and confusion

Trademark Similarity and Likelihood of Confusion

A likelihood of confusion survey measures the share of relevant consumers who confuse two trademarks or perceive a connection between the products or companies.

The study can test names, logos, sound, visual identity, packaging or the overall perception of a trademark.

Consumers may distinguish between two brands and still believe that they share a manufacturer, owner or another commercial connection. That perception can also be measured.

Colour
Shape
Composition
Name
Typography
Graphics
Overall impression

Packages may differ in individual details while still creating a similar overall impression. For more complex cases, we can use control stimuli or several design versions to identify which elements drive association with another brand or potential confusion.

03 / Trademark awareness

WHOSE
BRAND
IS THIS?

Trademark Awareness Research

In some disputes, it is important to establish how well the relevant audience knows a trademark and which company they associate it with.

Unaided awarenessThe respondent names the brand without prompts.
Aided awarenessThe respondent recognises the mark among the options shown.
RecognitionLogo, packaging or other brand elements.
AssociationLinks the trademark to a specific manufacturer.
04 / Advertising

What Do Consumers Understand from the Message?

Research can show how consumers interpret a specific claim, which characteristics they attribute to the product, how they understand information about price, origin or properties, and whom they identify as the manufacturer.

price properties origin manufacturer
05 / AMCU

How Does the Consumer Perceive the Situation?

Discovery Research conducts independent studies for companies and legal advisers working on competition matters. Research can address trademark similarity, packaging similarity, association of a design with a manufacturer, potential confusion between companies, or consumer interpretation of advertising information.

06 / Methodology

How We Design the Study

“Do you think these two packages are similar?”

A direct question like this already directs the respondent to look for similarity.

We first work with the legal team to define the exact consumer response that needs to be measured. We then determine how the materials should be shown and how the questions should be worded.

Respondents are not told which party commissioned the research or what outcome that party expects. Before the main fieldwork, we can run a pilot to check how people understand the questionnaire and materials.

Unaided responses
Control stimuli
Alternative packaging versions
Randomised presentation
Experimental groups
Pilot before main fieldwork

07 / Process

From the Legal Question to a Documented Result

01

Question

Define the perception or behaviour that needs to be tested.

02

Audience

Set the screening criteria and sample structure.

03

Design

Prepare the questionnaire, stimuli, presentation order and control conditions.

04

Fieldwork

Collect the data and monitor response quality.

05

Analysis

Calculate the metrics, test differences and document the findings.

HYPOTHESISTESTDATA

Participants are not told which company commissioned the study, what the dispute is about, or what result the legal team expects.

We document the fieldwork procedure, retain the raw data and define the processing rules before the final analysis.

If the results point in a different direction, that is reflected in the report as well.

08 / Deliverables

What the Legal Team Receives

The deliverables are tailored to the case. Where needed, we also prepare a separate methodology note explaining the study design, sample and analytical logic.

01Methodology and sample descriptionPDF
02Questionnaire and stimuliDOC / PDF
03Raw dataset and codebookSAV / XLSX
04Tables and statistical analysisXLSX
05Analytical reportPPT / PDF
06Methodology note for the legal teamPDF

09 / Discovery Research

Research Infrastructure for the Case

124 000members in our proprietary online panelExplore the panel → 86CATI interviewersCATI & telephone surveys → 30+countries for international fieldworkInternational research →
Hard-to-reach samples Fieldwork quality control Statistical analysis Collaboration with the legal team

10 / Typical cases

Questions We Can Help You Test

CASE 01

Similar packaging

You need to test whether buyers confuse two products and which brand they associate the disputed packaging with.

CASE 02

Similar name or logo

You need to understand whether consumers distinguish between two trademarks and whether they perceive a connection between them.

CASE 03

Trademark awareness

You need evidence of brand awareness and its association with a specific manufacturer.

CASE 04

Disputed advertising claim

You need to understand what meaning the audience takes from a specific claim.

CASE 05

AMCU case

The study design is tailored to the subject of the case and the consumer-perception questions that need to be tested.

11 / FAQ

Questions About Consumer Surveys for Litigation

What is a trademark likelihood of confusion survey?
It is a study among relevant consumers that measures how many people confuse two trademarks or perceive a connection between the products or companies.
How can you test whether consumers confuse two packages?
A sample of buyers in the relevant category is recruited and a controlled presentation procedure is designed. Respondents answer neutral questions about the brand, manufacturer, product origin and their own associations.
Can survey results be used in litigation?
The legal team can use the research results as part of the materials supporting its position. The court or relevant authority determines the admissibility and evidential weight of the specific material.
How many respondents are needed?
Sample size depends on the audience, geography, required statistical precision and study design. We determine the appropriate size after reviewing the specific research question.
Can the research be conducted before a claim is filed?
Yes. The survey can be conducted while assessing the situation, preparing the legal position, or after the dispute has already begun.
Do you conduct research for AMCU cases?
Yes. We conduct independent consumer-perception research for companies and legal teams in matters involving trademarks, packaging, competition and advertising information.

Have a case to test?

Need to Understand How Consumers Perceive the Subject of a Dispute?

Send us a brief description of the situation and the relevant materials: trademarks, packaging, names, advertising messages or other stimuli. Together with your legal team, we will define the research question, relevant audience and study design.

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