If you are a trademark attorney in Raleigh, NC, Keegan & Donato Consulting offers litigation support that can help bolster your case strategy.
Keegan & Donato Consulting is a specialty research consultancy based in beautiful Rye, New York. Principals Mark Keegan and Tony Donato offer more than 25 years of combined experience and education in consumer-based survey research and data analysis in the context of intellectual property disputes
The firm’s vast experience includes conducting consumer-based surveys to test a wide variety of Lanham Act claims, such as likelihood of confusion, strength of mark, secondary meaning, acquired distinctiveness, trade dress, and others, false and deceptive advertising, consumer perception, and expert witness testimony on consumer survey, marketing and economic issues.
Keegan & Donato Consulting has developed surveys for and collaborated with firms that manage some of the largest trademark portfolios in the world, such as Girard Gibbs LLP in San Francisco, Fox Rothschild LLP in New Jersey and Philadelphia, Hogan Lovells in Washington, DC, and Riemer & Braunstein LLP in Boston.
Issues Trademark Surveys Can Measure
Surveys can be very useful in attempting to measure a number of issues related to intellectual property matters and provide evidence of infringement.
Likelihood of confusion is a common issue addressed by consumer survey research. A well-designed survey can provide direct scientific evidence of the extent to which consumers believe there is a relationship between the plaintiff’s and the defendant’s mark, brand, or product.
Secondary meaning, which occurs when consumers associate an otherwise descriptive mark with a single source, can be measured by means of a consumer research study, and may provide a strong indication that a mark is no longer descriptive and has become a distinctive identifier of a brand in the minds of consumers.
Acquired distinctiveness can be measured with consumer survey research. When a mark acquires distinctiveness, it becomes capable of serving as a trademark by associating in the mind of consumers with a particular source of goods and services. This usually happens as a result of extensive advertising and widespread commercial use.
Lanham Act issues are particularly well-suited to testing through consumer research. Strengthen your case with a well-designed survey conducted by Keegan & Donato Consulting which can provide empirical evidence on the issue of whether an alleged trademark infringement is having a real-world impact on consumers.
To satisfy judicial and adversarial scrutiny, we follow survey design, execution and presentation best practices. Our consumer research studies direct objective, non-leading questions to an appropriate universe of consumers. Procedures are in place to minimize potential biases in data collection, and services include a full analysis and reporting of survey data.
We utilize an industry-leading online survey software platform that facilitates the programming and execution of sophisticated survey designs, including complex skip logic and advanced rotation and randomization of questions, answer options, and stimuli.
Keegan & Donato Consulting would be pleased to advise you on the best approach for your particular consumer survey or provide you with an objective evaluation of survey research that already exists.
We are confident that trademark attorneys in Raleigh will find our litigation support and extensive knowledge of intellectual property issues invaluable. Get in touch with Keegan & Donato Consulting today at (914) 967-9421 to find out more about our wide range of services.