Are you a trademark attorney in Chicago who needs litigation support to help you develop a powerful case strategy? Keegan & Donato Consulting offers the expertise you need.
Keegan & Donato Consulting, a specialty research consultancy, is located in Rye, New York. We provide a complete suite of services, including consulting on litigation strategy for both plaintiff and defendant clients, consumer research studies, expert reports, testimony in trademark and trade-dress litigation, testimony at deposition and/or trial, and rebuttal of opposing parties’ surveys when applicable.
Our Survey Specialties
Keegan & Donato Consulting’s capabilities include state-of-the art survey designs that are probative of the relevant issues in each case, are capable of targeting specific consumer populations with appropriate universe selection and sampling frames, and feature cutting-edge rotation and randomization of hundreds of question types with customizable complex skip and display logic when appropriate.
Consumer Confusion
A primary function of a trademark is to prevent consumer confusion. With a mounting number of brands competing for share of mind in the marketplace, some consumer confusion is inevitable. A well-executed survey can help brand owners and their counsel assess whether such consumer confusion is actionable. Keegan & Donato Consulting measures likelihood of confusion with both standard survey designs and innovative custom surveys.
Secondary Meaning
Descriptive marks are not ordinarily protectable as trademarks unless they have acquired secondary meaning. We can design a consumer research survey to target relevant consumers in your client’s market and help you determine the extent to which consumers associate a contested mark with one or more sources.
Dilution
Trademark dilution occurs when an infringing party uses a famous mark in a way that tarnishes the mark’s reputation for quality or dilutes its strength by blurring its distinctiveness. Consumer recognition of a famous mark can be measured directly by a survey.
False Advertising
Issues raised in the Lanham Act, such as false advertising or labeling, are well-suited to testing through consumer surveys by addressing the ways in which consumers interpret – and misinterpret – names, symbols, and other marks used by businesses in commerce.
Trade Dress
Trade dress, like a trademark, is protectable under the Lanham Act. Conducting a consumer survey can help you gather the evidence to prove whether the trade dress in question has established secondary meaning or is likely to cause confusion in the marketplace.
Cost of Trademark Surveys
Keegan & Donato Consulting’s consumer research studies are custom-designed to meet the needs of each individual case. This often involves targeting specialized populations of respondents and developing unique designs to address the specific issues of importance in the case, factors that affect the time and level of difficulty of executing a study, as well as its overall cost.
Most of our consumer studies cost between $30,000 and $80,000 to complete, and $55,000 is the most typical cost. We work on a fixed rate or hourly basis depending on your needs and will work with you to design a survey that is both reliable and within your budget. We will always provide you with an estimate of project costs prior to engagement.
Attorneys whose trademark litigation in Chicago requires the support and expertise of a consumer survey expert will benefit from the extraordinary knowledge of Keegan & Donato Consulting. Contact us at (914) 967-9421 to learn more about our services.