Courts have recognized the probative value of data from online consumer posts in a growing number of cases. We specialize in generating custom reports that can be relied on by experts offering either affirmative or rebuttal opinions in intellectual property, deceptive advertising, and defamation matters as well as other types of commercial litigation.

Trademark

Deceptive Advertising

Defamation

Trademark

Likelihood of Confusion

Are consumers confused by the alleged infringement?

Do consumers try to “pass off” products with the junior mark in the post-purchase environment?

Do consumers draw mistaken associations between the senior and junior mark?

How strong is the senior mark?

Deceptive Advertising

How much value do consumers place on deceptive or misleading advertising claims?

Are consumers being swayed by the deceptive or misleading claims?

Do consumers talk about the deceptive or misleading claims when recommending the product to others?

Do consumers cite the deceptive or misleading claims as a reason they purchased the product?

Do consumers recognize the claims as deceptive or misleading?

Defamation

How much social media discussion and traditional media coverage have the defamatory statements generated?

How broad is the reach of the discussion and coverage?

How many impressions has the discussion and coverage garnered?

How has the volume of discussion and coverage evolved over time?

Was the plaintiff a public figure at the time the defamatory statements were made?

Our process was developed by litigation consultants

Our process was developed, and is conducted, by litigation consultants who understand both the nuanced issues involved in complex commercial legal disputes and the level of rigor demanded of evidence relied upon by expert witnesses. Our experienced analysts are front and center at every step of the process to transform raw data into defensible evidence that is considered probative by judges and compelling by juries. From the outset of each project, we work collaboratively with counsel and/or experts to determine the scope, key questions, and realistic objectives for the analysis.

The Voluble Process

Experienced Litigation Experts Guide Every Step of Our Process

Discovery

Extensive Background Research

In advance of any data collection, we conduct extensive background research on the relevant products, companies, and competitors.

Carefully Constructed Queries

Our queries are constructed to capture as much of the relevant social media conversation as needed to answer the questions at issue.

Customized Searches

We have the can search major social media sites along with specialty sites and product reviews. We customize our searches based on the needs and facts of the case.

Build

Optimized Datasets

To ensure we have captured the optimal dataset for our analysis, we continually refine our queries as we review posts and understand what consumers are saying, as well as where and how they are saying it.

Data Cleaning

Additionally, using custom algorithms and metrics that we refine for each project, we clean the data, filtering out irrelevant and automated posts using conservative and reliable methodologies.

Integrity of Data

Voluble has licensed software to protect the integrity of its data and ensure it is documented in accordance with evidentiary rules (F.R.E. 901(b)(9) and other standards of authentication). Any online evidence cited in our reports can be retained by a third-party firm in order to ensure a clean digital chain of custody and the preservation of authentic records. Any associated metadata is retained in the same manner. Affidavits attesting to the integrity of the data and the digital chain of custody are available upon request.

Analyze

Sampling

Depending on the volume of posts and the available budget for the project, we can perform these analyses on the entire dataset of relevant posts or on a statistically appropriate and defensible sample of posts.

Quantitative Analyses

After constructing a dataset, we are able to conduct a wide range of analyses. Depending on the specifics of the case, we regularly identify tens or even hundreds of thousands of relevant posts. Some examples of quantitative analyses we can perform include:

  • Determine how often consumers talk about an at-issue trademark or trade dress element
  • Compare the volume of online conversations across multiple brands and/or at various dates
  • Assess the extent to which consumers mention the plaintiff’s and defendant’s brands together in a single post
  • Determine how often consumers misapply a trademarked word or term to an infringing product
  • Determine the consumer sentiment toward a brand or marketing claim
  • Compare consumer sentiment across multiple brands and/or time periods
  • Determine how often consumers mention a false or misleading advertising claim and in what context they do so

Qualitative Analyses

We can perform qualitative analyses of the relevant social media posts, applying various filters to identify posts that would make compelling anecdotal evidence to support our quantitative analyses or the work of others, such as survey or marketing experts.