By Peter Simon, Kristina Shampanier, Riddhima Sharma and Rebecca Kirk Fair ( July 14, 2017, 1:48 PM EDT) -- Courts increasingly require empirical proof in cases where the impact of particular behavior, claims or statements on consumer perceptions and/or choices is a central focus. For example, in the context of a false advertising or trademark infringement case, key questions could include whether consumers were confused by an allegedly infringing word mark, symbol or misleading statement, or whether consumers relied on the word mark, symbol or statement when making their decisions. Compelling empirical evidence on the answers to these questions can be informed both by primary survey research — such as the use of an experimental consumer survey — and by analyses of historical secondary data....