Keegan & Donato Consulting provides designs and executes consumer surveys to ensure that the evidence you introduce in your trademark infringement case will hold up to scrutiny from courts and opposing experts.
As a specialty research consultancy, Keegan & Donato Consulting conducts consumer surveys for attorneys and their clients in these and other areas:
- Likelihood of Confusion
- Secondary Meaning
- Strength of Mark
- Lanham Act Claims
- Acquired Distinctiveness
- Survey Critiques and Rebuttals
Principals Mark Keegan and Tony Donato have over 25 years of cumulative experience in the field of consumer research. We have designed, executed, and critiqued hundreds of consumer surveys that have been admitted into evidence in state and federal courts, at arbitration, to the TTAB, the NAD, and other specialty venues. We also have extensive testimony experience.
Lanham Act Surveys
Surveys can be used to test a wide variety of Lanham Act claims. Experts like Keegan & Donato Consulting can help establish whether or not competing marks are likely to confuse consumers; whether or not a descriptive mark has acquired secondary meaning; whether or not a mark is famous; and whether or not one brand’s mark is likely to cause dilution to a competing mark. In many instances, the most persuasive evidence comes from a consumer research study.
Trademark owners who claim infringement and unfair competition are generally required to establish two elements: (1) that the defendant used the registered mark in commerce; and (2) that the use is likely to cause consumer confusion.
A likelihood of confusion survey conducted by Keegan & Donato Consulting will address the issue of consumer confusion from a scientific perspective, providing direct evidence of the extent to which consumers believe that certain brands emanate from the same source or are somehow related.
Our Trademark Survey Methodology
Keegan & Donato Consulting follows established principles of consumer survey research beginning with a rigorous and valid survey design that explores the relevant issues in the case. Some of the industry best practices we have built into our survey designs include:
- Appropriate universe selection and sampling frame;
- Representative, qualified respondents;
- Use of procedures to minimize potential biases in data collection;
- Use of objective, non-leading questions;
- Use of procedures to reduce guessing among respondents; and
- Full analysis and reporting of survey data.
We are also skilled at identifying survey flaws and weaknesses that may not be apparent to an untrained eye. If you are confronted with potentially flawed surveys submitted by opposing experts, we can assist you in rebutting the credibility of their work in the context of your litigation.
Methodologically sound consumer research studies and expert testimony from Keegan & Donato Consulting will meet the courts’ standards and can serve as powerful evidence in your case.
If you are interested in the use of consumer surveys in trademark infringement cases, Keegan & Donato Consulting can provide the answers you need. Get in touch with us today at (914) 967-9421 to learn more about our wide range of services.