Uniting
Survey
Expertise

with
Litigation

FocusMark provides expert witness testimony and consumer survey research for trademark and deceptive advertising litigation
Services

Services

Consumer Perception Surveys
  • Likelihood of Confusion
  • Secondary Meaning (Acquired Distinctiveness)
  • Genericness
  • Fame
  • Deceptive Advertising
Expert Consulting & Testimony
  • Pilot Surveys
  • Expert Survey Consulting
  • Expert Witness Testimony
  • Rebuttal Surveys & Reports
  • Trial/Deposition Preparation

Why partner with FocusMark?

Scientific Rigor
Survey evidence can face intense scrutiny. We rely on authoritative treatises and scientific literature to ensure surveys are Daubert-proof.
High-Stakes Experience
Dr. Carden has provided research support for high-stakes trials in federal courts,  in addition to disputes at state court , TTAB, and NAD.
Speed & Flexibility
Whether it's a quick pilot test or complex rebuttal survey, we have the capabilities and experience to adapt to fast-paced litigation.

Principal: Dr. Lucas Carden

Dr. Lucas Carden is an expert in survey research with over 10 years of experience developing, conducting, and analyzing scientific and consumer surveys in academic, corporate, and litigation contexts.

Dr. Carden holds a Ph.D. in social psychology from the University of Southern California and received graduate training in survey research methodology, sampling, statistics, interviewing, and measurement. He received specialized training in the psychology of human survey response from his co-advisor, Dr. Norbert Schwarz, a leading expert in consumer judgment and decision making.

He has published peer-reviewed articles in psychology and consumer science journals and was a lead researcher for peer-reviewed research on psychological issues in litigation surveys.
Education
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Employment/Appointments
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Peer-reviewed Research and Publications
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  • Hermès International and Hermès of Paris, Inc., v. Mason Rothschild.
  • USDC - Southern District of New York
  • Nike, Inc. v. Stockx LLC.
  • USDC - Southern District of New York
  • Peloton Interactive, Inc. v. Icon Health and Fitness, Inc.
  • USDC - District of Delaware
  • Delta AirlinesInc. v. Marriott International, Inc. & Marriott Worldwide Corporation.
  • USDC - Northern District of Georgia, Atlanta Division
  • Fujifilm North America Corp. v. PLR IP Holdings LLC and PLR Brand Services LLC.
  • USDC - Southern District of New York
  • Adidas America, Inc., an Oregon Corporation; and Adidas AG, a Foreign Entity v. Thom Browne Inc.
  • USDC - Southern District of New York