Trademark research surveys can strengthen your case. To stand up to scrutiny, however, it is critical for surveys to be designed by independent, experienced experts.
The experts at Keegan & Donato Consulting can help you and your client design and execute a methodologically sound survey that will provide persuasive evidence of consumer perceptions of the products and brands at issue and will withstand the rigors of litigation.
Keegan & Donato Consulting, located in Rye, New York, has vast experience in the design, execution, and critique of hundreds of surveys that have been admitted into evidence in state and federal courts, at arbitration, and to the TTAB. Principals Mark Keegan and Anthony Donato also have extensive testimony experience.
Our firm specializes in a wide range of trademark and trade dress analyses and surveys, including:
- Likelihood of Confusion
Keegan & Donato Consulting measures likelihood of confusion through classic survey designs and by crafting innovative custom surveys to meet our clients’ needs. We have designed and critiqued hundreds of likelihood of confusion studies across a broad range of industries for cases in federal court, state court, the TTAB, arbitration hearings, and other specialty venues.
- Strength of Mark
Consumer surveys are often the most direct method of showing confusion among consumers in trademark infringement cases. If your case involves strength of mark, it may benefit from a survey that measures consumer reaction to the mark.
- Secondary Meaning
Proving secondary meaning can be a crucial step in trademark litigation. We can help you develop a robust case strategy by designing a study to target relevant consumers in your client’s market and determine how these consumers perceive your client’s brand.
- Acquired Distinctiveness
Consumer data can assist in proving that your client’s mark has achieved acquired distinctiveness. Keegan & Donato Consulting offers extensive experience in conducting acquired distinctiveness surveys.
- Lanham Act Claims
A well-designed consumer research study can provide empirical evidence on the issue of whether an alleged trademark infringement is having a real world impact on consumers. A survey conducted by Keegan & Donato Consulting can strengthen your Lanham Act case.
Each trademark infringement case is unique. Keegan & Donato Consulting collaborates with clients to understand the fundamental issues of their cases in order to maximize the value of the consumer research survey evidence to the overall case strategy.
Whether you are interested in conducting competent and defensible trademark research surveys or defending against them, contact Keegan & Donato Consulting at (914) 967-9421 to take advantage of our training, expertise, and data-gathering capabilities.
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