Surveys in Trademark Litigation

Brian Sowers is a principal at Applied Marketing Science (AMS), and leads the firm’s Litigation Support practice. He is responsible for the delivery of survey research and other marketing science initiatives to support expert testimony in civil cases. He manages the referrals and support of affiliated academic experts and supports marketing, consumer psychology and economic expert witnesses in matters in which consumer opinions and behaviors are an important determinant of liability and damages. Brian has managed case teams to provide market research in complex cases, including trademark and trade dress infringement, class action matters, false and deceptive advertising, antitrust issues and patent damages.

Brian has served as a testifying survey expert on matters related to trademark and trade dress infringement, class certification, and false advertising. He has also assisted attorneys in assessing the benefits of collecting market research data, critiquing opposing expert reports and preparing experts for deposition and trial questioning. Brian holds a B.A. in history from Roanoke College and an M.B.A. in marketing from the University of Colorado.

Jacqueline Chorn is an associate principal for the Litigation Support practice at Applied Marketing Science (AMS), where she is responsible for the delivery of research that supports expert testimony in a variety of civil cases (e.g., trademark and trade dress infringement, false and deceptive advertising, and class action matters). Jacqueline also conducts research to substantiate advertising claims for consumer product testing and taste tests.

Prior to joining AMS, Jacqueline was an academic researcher in the field of psychology and law. Her dissertation, funded by the National Science Foundation, examined the functionality of the safeguards offered by the Supreme Court in Daubert v. Merrill Dow Pharmaceuticals (1993) to protect against the admission of unreliable expert testimony. She was also an assistant professor of psychology at the University of the Pacific and worked as a psychology instructor at John Jay College of Criminal Justice; City University of New York where she taught undergraduate courses in research methods and statistics, social psychology, psychology in the law, and cognitive psychology.

Marcello Santana is an associate principal in the Litigation Support practice area of Applied Marketing Science (AMS). Marcello has extensive experience managing quantitative and qualitative market research projects relating to litigation matters. Within AMS, Marcello works on Litigation Support projects involving trademark and trade dress confusion, trademark dilution, secondary meaning, deceptive advertising, patent infringement and class certification. He also coordinates all aspects of a research project, including survey design, fieldwork, data analysis and report creation.

Marcello holds a B.S. in business administration with a double major in marketing and management information systems from Northeastern University in Massachusetts, and a J.D./M.S. in law and mass communication with a concentration in applied communications research from Boston University. He is admitted to practice law in New York and Massachusetts.