Services for Trademark Litigation
DeRosia Research & Consulting provides expert witness services for trademark litigation, with a focus on consumer surveys and forensic digital marketing analyses.
Our principal, Eric DeRosia, Ph.D., is an experienced expert witness. His academic research about the consumer psychology of trademarks has been cited and quoted by a variety of authorities, including the Seventh Circuit,1 Professor McCarthy in his well-known treatise McCarthy on Trademarks & Unfair Competition,2 and the Stanford Law Review.3
As an expert witness, Dr. DeRosia has tested consumer confusion using surveys in both of the formats that are commonly accepted by the courts: the "Eveready" format and the "Squirt" format.
As an expert witness, Dr. DeRosia has conducted various forensic digital marketing analyses. By examining the digital marketplace, he has provided evidence of actual confusion, direct competition, commercial strength of a trademark, and the junior user advertising in the same media as the senior user. He has analyzed Google ads, Amazon ads, social media posts, and product reviews. Dr. DeRosia specializes in analyzing trademark cases using neutral-party information tools, including Semrush, Ahrefs, Moz, SimilarWeb, and Google Keyword Planner.
1 Kraft Foods Group Brands, LLC v. Cracker Barrel Old Country Store, Inc., 735 F.3d 735, 743 (7th Cir. 2013).
2 6 J. Thmoas McCarthy, McCarthy on Trademarks and Unfair Competition § 11:30, § 32:172, and § 32:174 (5th ed. 2023).
3 Mark A. Lemley & Mark P. McKenna, Trademark Spaces and Trademark Law’s Secret Step Zero, 75 Stan. L. Rev. 1, 7 (2023).