DATA-DRIVEN
RESPECTED
DECISIVE
Keegan Survey Evidence Cited in Major $23.8 Million Trade Dress Victory
Keegan & Donato Consulting’s consumer survey work played a role in Van Leeuwen Ice Cream’s successful trade dress case against Rebel Creamery, a closely watched dispute involving packaging design, reverse confusion, and consumer perception in the ice cream aisle.
Mark Keegan testified about survey results measuring likelihood of confusion among relevant consumers. The court ruled in Van Leeuwen’s favor, ordered Rebel to redesign its packaging, and awarded
Our Services
Survey Intelligence
We provide independent and reliable consumer-based survey research solutions.
Litigation Surveys & Survey Rebuttals to Help Drive Your Case Strategy Forward
Areas of Expertise
Likelihood of confusion
We use an experimental design (test vs. control) approach to deliver robust, statistically reliable evidence regarding likelihood of confusion.
Strength of Mark
Survey evidence is a useful tool in proving (or disproving) the strength of a contested mark. Our tailored approach ensures that the most appropriate method is selected for your case.
Secondary Meaning
Has your client’s mark acquired secondary meaning among consumers? Our survey evidence will provide the answer.
Acquired distinctiveness
From product design to color, our survey evidence will help you determine how trade dress impacts consumers and your case.
Lanham Act claims
We have extensive experience conducting surveys to test a wide variety of Lanham Act claims, including likelihood of confusion, secondary meaning, trade dress, and others.
Consumer perception
Survey evidence can provide crucial information regarding how consumers perceive marks, product designs, colors, websites, and other stimuli.
Consumer understanding
Our surveys provide thorough insights into how consumers process and understand marketing messages, labeling claims, disclaimers, and other communications.
Rebuttal work
We have extensive experience rebutting surveys submitted by opposing experts covering a wide range of issues.
How much will a survey cost?
We tailor our consumer research studies to meet the specific needs of each case.
Our Methodology
Keegan & Donato Consulting recognizes that a strong methodological foundation is key to effective consumer surveys for litigation.
- Balanced, representative panels
- Real-time results
- Advanced rotation and randomization
- Audio, video & image capabilities
- Balanced, representative panels
- Hundreds of question types & formats
- Ability to target specific populations
- Graphic design capabilities
- Customizable skip and display logic
- Advanced screening capabilities
40
years of combined experience
conducting and critiquing consumer survey research
Mark Keegan
Trademark survey expert Mark Keegan brings over 25 years of experience to Keegan & Donato Consulting, having crafted case strategies in complex litigation for nearly 25 years.
Tony Donato
Since 2004, trademark survey consultant Tony Donato has consulted on complex litigation, offering expertise in research, strategy, survey design, data analysis, and case management.
Membership and certifications
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