Corporate litigation can be a complex legal process that often requires the use of different types of witnesses. Two types of witnesses commonly used in litigation are fact witnesses and expert witnesses. 
In the context of trademark infringement in online advertising, a fact witness may be the owner of the company or the plaintiff, while an expert witness may be a person like me with deep, factual experience and knowledge into how Google ads work.
A fact witness is a person who has firsthand knowledge of the events that gave rise to the litigation. In the case of trademark infringement in online advertising, the fact witness may be the owner of the company that is bringing the lawsuit. This person may have knowledge of the company’s trademark and the alleged infringement by the defendant. The fact witness may also be able to provide information about the company’s advertising practices, including its use of Google Ads.
An Expert Witness in Google Ads
In contrast, an expert witness in Google Ads is a person who has specialized knowledge, training, or experience in a particular field relevant to litigation. An expert witness may be hired by either the plaintiff or the defendant to provide testimony in support of their position. In the case of trademark infringement in online advertising, an expert witness may be a Google Ads expert like Jason McDonald. This person may have extensive knowledge of the Google Ads platform, including how it works and how it can be used to advertise products or services. The expert witness may also be able to provide insight into how companies can use Google Ads to avoid infringing on trademarks.
One of the key differences between fact witnesses and expert witnesses is the type of information they can provide. Fact witnesses can only provide information that they have personally observed or experienced. They cannot offer opinions or interpretations of the events in question. On the other hand, expert witnesses can offer opinions and interpretations based on their specialized knowledge or experience.
For example, in a trademark infringement case involving online advertising, a fact witness may be able to testify that they saw an advertisement that used the plaintiff’s trademark without permission. They may also be able to provide information about how the company uses Google Ads to advertise its products or services. However, the fact witness cannot offer an opinion about whether the defendant’s use of the trademark constitutes infringement or whether the plaintiff has suffered damages as a result of the infringement.
In contrast, an expert witness like Jason McDonald may be able to offer an opinion about the technical details on how, when, where, and why a possible use of the trademark occurred in Google Ads. This isn’t a legal opinion. Rather, it is a fact- and evidence-based opinion based on his deep experience when it comes to using Google Ads. This expert witness adds a lot to what the average “lay person” can understand about how advertising works. It is based on facts and experience; and the really strong expert witness takes these technical issue and adds a lot of value by bringing explanatory power to the facts. For example, the expert witness may also be able to provide an analysis of the defendant’s advertising practices and how they compare to industry standards.
Another difference between fact witnesses and expert witnesses is the way their testimony is presented in court. Fact witnesses are typically called to the stand to answer questions from the attorneys representing each side. They are often asked to provide a chronological account of the events in question and to describe what they saw or experienced. Fact witnesses may also be asked to identify documents or other evidence related to the case.
Expert witnesses, on the other hand, are often asked to prepare a written report detailing their opinions and findings. This report is then submitted to the court and shared with the attorneys representing each side. The expert witness may be called to testify in court to provide additional clarification or to answer questions from the attorneys. However, their written report is often the primary focus of their testimony.
In the case of trademark infringement in online advertising, an expert witness in online ads like Jason McDonald may prepare a report detailing their analysis of the defendant’s advertising practices and how they relate to trademark law. This report may include detailed explanations of how Google Ads works, how trademarks are protected under the law, and how the defendant’s use of the plaintiff’s trademark may have caused harm. The expert witness may then be called to testify in court to provide additional context and answer questions.
