Methods and Deliverables

Corbin Forensics is well-known for its comprehensive evaluation of brands/trademarks to determine how they are perceived, referred to, or used in the marketplace.  Outcomes include measurable evidence of  reputation and fame, secondary meaning, distinctiveness, confusion, passing off, genericism, or social media “buzz”.

Corbin Forensics’ Dr. Ruth Corbin co-authored Advertising Standards Canada’s published industry standards for comparative advertising, and co-authored  the corporate handbook on comparative advertising, entitled “Dare to Compare,” published by Elsevier.  Corbin Forensics has Canada’s most authoritative competitive claims testing practice. Sound scientific research designs are used to establish or support the challenging of a competitive claim, by assessing what an advertisement actually conveys to a target audience. Rigorous quality controls are employed.

Corbin Forensics’ evidence has been tendered before Canadian and international courts, Copyright Board of Canada, Advertising Standards Canada, the Trade-marks Opposition Board, regulators, and private adjudicators.

Corbin Forensics' Marketplace Investigations 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 as displayed in retail stores or online shopping sites.  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 an 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

Market evidence can support, or dispute (depending on research outcomes), 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 characteristics, as permitted by statute
• Surveys of class members on issues in dispute
• Calculation or forecasts of damages
• Statistical analysis of large databases containing relevant evidence
• Professional opinions based on expert literature review or market reconnaissance

Corbin Forensics offers research support for existing or potential products/services, relevant to competitive positioning and competitive dispute resolution.   Examples include:

• Usage and attitude studies, relevant to reputation and distinctiveness
• Sensory testing, relevant to claims
• Market segmentation, relevant to whether competitive markets overlap
• Forecasts of buying intentions (relevant to damages)
• Marketing claim testing, in anticipation of potential challenge
• Audits of features/functionality

Advanced statistical expertise is applied to calculation of copyright tariffs, public servant salary benchmarking,  and forecasts of damages due to competitive harm.  Databases are preserved for arms-length verification and future historical tracking.  

Projects for direct use by courts or regulatory commissions have included the following:  

• Tariff setting for users of Copyrighted Material
• Compensation of government-paid judges and professionals
• Assessments of potential jurors for jury selection or ‘change of venue’ application
• Competitive impact analysis for evidence regarding likely irreparable harm
• Market forecasts

Corbin Forensics’ analysis and market evidence have 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, as well as the National Advertising Division of the Better Business Bureau of the United States of America, and District Courts of the United States of America.  

Among deliverables by Corbin Forensics professionals:

• programs on policy research design for continuing education courses for government employees
• educational seminars on expert evidence precedents and standards to law firms and international conferences
• Instruction seminars on IP auditing to Boards of Directors and Marketing Management teams of international corporations.   

• In-Depth / One-on-one in-person interviews
• Focus Groups
• In-person / Internet /Mobile / Telephone Surveys
• Evaluation forms (for courses and conferences)

• Statistical analysis of large data bases, with user-friendly, illustrated summaries
• Royalty calculations for copyright tariffs
• Analysis of trends and predictors, with “what-if” calculations
• Split-sample reliability tests (to analyze whether results are replicated over different conditions)
• Market trend analysis

• Social media monitoring, analyzed with statistical rigour, with option for historical tracking where possible
• Statistical analysis of deep-search internet content, including capture of historical information through the Wayback Machine

• Intellectual property audits, with established business templates
• Customer website experience audits,  for all features/functionality
• Mystery-shopping
• Competitive intelligence assembly and analysis
• Media content analysis
• Expert literature reviews at publishable standard