When you need help with a trademark infringement action in Richmond, VA, look no further than companies like Keegan & Donato Consulting. We specialize in state-of-the-art survey design and execution that can bolster your case strategy.
Keegan & Donato Consulting is a specialty research consultancy and one of the most experienced companies in the field of trademark litigation.
With more than 25 years of combined experience, proven survey methodologies, and deep operational insight, principals Mark Keegan and Tony Donato provide expert research, expert reports, and testimony on behalf of plaintiffs and defendants in support of trademark infringement litigation.
Value of Consumer Surveys
Although courts may give evidence of actual consumer confusion substantial weight, it is not required. The most persuasive evidence often comes from a consumer survey.
A likelihood of confusion survey from Keegan & Donato Consulting is a valuable litigation tool because it addresses the issue of consumer confusion from a scientific perspective, providing empirical data regarding the extent to which consumers believe that certain brands at issue emanate from the same source or are somehow related.
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.
Is It Necessary to Hire a Survey Expert?
Surveys are highly susceptible to criticism, and you can expect the courts to scrutinize them for methodological flaws. Sample selection issues, interviewer bias, and suggestive wording often cause judges to attribute little weight to a survey or deem some or all of the results inadmissible.
For example, in the case of Elliott v. Google, Inc., 45 F. Supp. 3d 1156 – Dist. Court, D. Arizona (2014), the Court completely disregarded the plaintiff’s surveys and rejected the survey expert as unqualified “to design a survey or to interpret survey results.”
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.
If your response to a trademark infringement action in Richmond, VA will include a consumer survey, contact companies like Keegan & Donato Consulting at (914) 967-9421 to find out how we can help.