Well-executed logo infringement surveys can play a significant role in your trademark infringement litigation by helping you determine the likelihood of confusion among relevant consumers.
Keegan & Donato Consulting is a leading firm in the field of trademark litigation with more than 25 years of combined experience. We have designed and critiqued hundreds of consumer research studies across a broad range of industries for cases in federal court, state court, the TTAB, the NAD, arbitration hearings, and other specialty venues.
Logo Infringement and Surveys
Logos can transform an ordinary product into something special in the eyes of consumers. For example, a phone bearing the Apple logo could cause the consumer to expect a higher-quality product than a phone with an unfamiliar logo.
If a competing brand were to design a logo that is very similar to the Apple logo and use it to market its phones, this could deceive the consuming public or cause confusion. Consumers may also recognize that the two products are not the same, but mistakenly believe they come from the same source or are authorized, sponsored or approved by the original company.
Under the Lanham Act, 15 USC 1114(a)(1), 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, or to cause mistake, or to deceive.
Evidence of actual consumer confusion is not required; however, courts often give such evidence substantial weight. In many instances, the most persuasive evidence comes from a consumer survey.
Surveys are valuable tools because they provide insight into actual consumer perceptions, often when no other scientific evidence is available. By asking relevant consumers to respond to certain stimuli and recording their answers, it is possible to measure their attitudes and behaviors, and understand how they perceive a contested mark.
However, to be considered relevant and reliable, consumer surveys must be conducted by trained independent experts using sound methodologies, or the court may find them to be of limited value.
Methodology
In order to obtain high-quality information from a representative sample of the targeted population, Keegan & Donato Consulting has strict procedures in place to minimize potential biases in data collection.
We provide the following services related to trademark and marketing litigation:
- State-of-the-art survey design, implementation, and presentation
- Expert analysis and report preparation
- Expert witness testimony on consumer survey, marketing and economic issues
- Critique and rebuttal of reportsfrom opposing experts
- Damages and forensic economic analyses
- Guidance on the questioning of opposing experts at deposition or trial
Logo infringement surveys from Keegan & Donato Consulting will meet the courts’ standards for design, execution and analysis and can serve as powerful evidence in your case. Contact us at (914) 967-9421 to find out how we can help.