Category: Articles

This column examines how marketing strategy, influencer positioning, packaging design, and consumer messaging can become evidence in product liability, false advertising, and consumer perception litigation. When every marketing decision contradicts the warning label, a brand expert can explain exactly what happened and why.

This column examines how brand integrity, public trust, and values-driven decision-making can influence consumer perception, corporate reputation, and long-term market value during periods of public scrutiny and reputational risk. On March 9, Anthropic filed two federal lawsuits against the Trump administration after the Pentagon designated the company a “supply chain risk to national security.”

This column examines how trademark infringement can damage consumer perception, brand equity, and long-term market value, making reputational harm and brand impact central issues in trademark damages litigation.

This column examines how personal branding, public visibility, and consumer perception are reshaping the standards for identifying credible brand experts in trademark, reputational harm, and consumer perception litigation. Finding qualified expert witnesses has never been easy. But in brand and trademark litigation, the challenge has grown significantly harder, and not for reasons most attorneys expect.

This column examines how iconic brands in commodity categories rely on consumer perception, emotional branding, and differentiated brand systems to create competitive distinction when functional product differences become increasingly difficult to prove.

This column examines how legal teams should evaluate brand expert witnesses by distinguishing true strategic branding expertise from general marketing experience in trademark, consumer perception, and reputational harm litigation. Most legal trademark teams find brand expert witnesses the way they have for decades.

This column examines how artificial intelligence could transform specialized expertise into scalable digital platforms, raising new intellectual property, competition, consumer trust, and marketplace differentiation questions for professional services industries. AI’s evolution may mirror Netflix’s shift from distributor to creator, raising new IP challenges.

This column examines how artificial intelligence is reshaping brand accountability, consumer perception, and ownership of AI-generated messaging as companies face growing legal and reputational risks in digital communications. Robby Starbuck’s lawsuit against Google raises questions about AI accountability. As companies brand AI as “intelligent,” they face higher expectations for accuracy.

This column examines how government speech, public safety claims, and consumer perception can become critical evidence in litigation involving reputational harm, product liability, and long-term brand damage. When a brand’s entire value rests on safety, any government suggestion that it may be unsafe for one use systematically undermines its safety across all applications. Kenvue’s Tylenol demonstrates this perfectly.

This column examines how marketing strategy, influencer positioning, packaging design, and consumer messaging can become evidence in product liability, false advertising, and consumer perception litigation. Engaging logos, icons, or symbols for your company are essential, and easier to create than ever.