CorbinForensics delivers strategic advice, business intelligence and forensic evidence for both boardrooms and courtrooms. We provide actionable support in the following areas:
CorbinForensics is well-known for its comprehensive evaluation of brands/trademarks to determine how they are perceived, referred to, or used in the marketplace. We offer multiple methods of reliable and valid measurement, customized to specific objectives, and implemented with a high level of quality control. This includes measurements of reputation and fame, secondary meaning, distinctiveness, confusion, passing off, genericism, or social media “buzz”. Equally important, we help to pinpoint current or potential risks of infringement and depreciation that threaten the value of your business.
CorbinForensics is Canada’s leading provider of mediation and litigation evidence for dispute resolution pertaining to brand/trade-mark infringement. CorbinForensics’ evidence has been tendered before Canadian and international courts, Copyright Board of Canada, Advertising Standards Canada, the Trade-marks Opposition Board, and private adjudicators.
Our BRANDchise management tools (BrandAudit™, BrandDistinction, BrandAlert) are specifically designed for brand owners, their legal counsel and their marketing executives. BRANDchise tools assess upside attractiveness to prospective customers and affiliates, and pinpoint any downside risks to brand reputation and financial value. Learn more about BRANDchise here.
Comparative Advertising/Claim Assessment
CorbinForensics has Canada’s most authoritative competitive claims testing practice. Our sound, scientifically-designed testing process can be used to establish or challenge a competitive claim, assessing what an advertisement truly conveys to a target audience. Rigorous quality controls are employed. CorbinForensics is proud to have:
- led the industry consultation project that produced Advertising Standards Canada’s (ASC) guidelines for competitive claims;
- been the source of sound expert evidence to mediators, courts and regulators for purpose of dispute resolution;
- authored the international text on comparative advertising titled 'Practical Guide to Comparative Advertising: Dare to Compare', a reader-friendly corporate handbook on the principles for issuing and defending against competitive claims.
CorbinForensics offers comprehensive and accurate expert evidence gathered through market reconnaissance. Investigations can simulate consumer shopping experiences through discreet mystery shopping or Internet searches, scientifically structured to qualify for quantitative statistical analysis. Investigations may also thoroughly document the state of the marketplace, with respect to product lines, market shares, store displays, or promotional programs. CorbinForensics' investigators operate with objectivity and attention to detail.
Use of unbiased, independent expert investigations, in lieu of investigations by law firm staff, respects Rule 82 of the Federal Court Rules, and aligns with case law in e.g., Toys "R' Us (Canada) Ltd. v. Herbs "R" Us Wellness Society, 2020 FC 682 or Cross-Canada Auto Body Supply (Windsor) Ltd. v. Hyundai Auto Canada, 2006 FCA 133
CorbinForensics offers systematic identification, assessment and valuation of a company or organization’s intellectual property.
An IP Audit produces an essential reference for Executive Teams and Boards of Directors to:
- identify potentially undervalued assets
- document the extent of IP legal protection, for corporate governance and risk management
- alert the company to compromises to brand consistency and other threats to IP value
- consider untapped revenue opportunities
- conduct due diligence for potential bank financing, corporate transactions, or contractual agreements
Class Action Information Support
Market evidence can support, or dispute, the certification of a class action lawsuit. Evidence can be gathered for claims of misrepresentation, allegedly defective products, products shown to cause harm, financial misrepresentation, institutional neglect, and misleading advertising.
Sources of evidence include:
- Scientific sampling for reliable analysis of class action information
- Surveys of class members on issues in dispute
- Calculation or forecasts of damages
- Statistical analysis of large databases
- Professional opinions based on expert literature review or market reconnaissance
Product and Service Evaluation
CorbinForensics offers a range of research support for existing or potential products/services, designed to assess the existing deliverable, or analyze modifications or new market opportunities. Examples include:
- Usage and attitude studies
- Sensory testing
- Product development assessments
- Market segmentations
- Forecasts of buying intentions
- Marketing claim testing
- Audits of features/functionality
- Assessment of customer experience or service quality
- Employee satisfaction or performance measurement studies
Strategic Marketing Analysis
CorbinForensics conducts strategic marketing analysis for small businesses, corporations and non-profit organizations. We assess market opportunities and offer fact-based recommendations for:
- Brand management
- Competitive positioning
- Product/service development
- Strategies for pricing, distribution channels, and promotion
Judicial, Regulatory, and Commission Input
Available input includes:
- Tariff setting for users of Copyrighted Material
- Compensation of Government-paid officers and professionals
- Assessments of potential jurors for jury selection or ‘change of venue’ application
- Competitive impact analysis
- Market forecasts
CorbinForensics’ analysis and market evidence has been presented to a diverse range of judicial bodies, regulatory forums, and commissions, including the: Federal Court, Ontario Superior Court of Justice, British Columbia Supreme Court, Alberta Court of Queen’s Bench, Quebec Superior Court, the Canadian International Trade Tribunal, Trade-Marks Opposition Board, the Ontario Municipal Board, the Copyright Board of Canada, Advertising Standards Canada, the Competition Bureau Canada and the Triennial Judges’ Compensation Commission.