Consumer survey evidence for trademark cases in Atlanta, GA is about more than numbers on a page. In the Northern District of Georgia and throughout the Eleventh Circuit, courts want reliable proof of what real purchasers think. They want that proof to be presented in a clear, defensible way. That’s where litigation-grade surveys help because they effectively translate marketplace perception into evidence the court can actually use at preliminary injunction, summary judgment, or trial.

What Survey Evidence Can Prove

Trademark disputes hinge on consumer perception. Well-designed surveys answer the questions that matter to clear things up:

• Likelihood of confusion: Do relevant consumers believe the accused product comes from, is affiliated with, or is sponsored by the plaintiff?
• Secondary meaning / acquired distinctiveness: Do people link a descriptive term or trade dress with a single source?
• Genericness: Are consumers using a term as the common name of a product rather than as a brand?
• Advertising takeaways / deception: What message do consumers actually take from the ad, listing, or packaging?
• Association for dilution: Does the junior use trigger a mental link with a famous mark (and how strong is it)?

The answers to those questions all matter.

Start With the Right Universe

Everything begins with the universe, which is made up of the people whose opinions count for your case.

For a consumer good, that’s current or likely purchasers in the category.

For B2B, it may be specifiers, procurement, or end-users who influence the buy.

At Keegan & Donato Consulting, Inc., we use behavior-based screeners (recent purchase, likely purchase, decision influence) so the data reflects the marketplace the Lanham Act cares about.

Separate Signal From Noise With Controls

A strong survey uses a control which refers to a version of the stimulus that removes or swaps the accused element.

Comparing tests to control shows the true effect of the challenged mark, trade dress, or message, apart from the pull of a famous brand or a common design feature.

Neutral wording and a pretested, non-leading questionnaire make the findings easier to read and to defend. The judge and jury will appreciate the clear, and concise language used.

Mirror the Marketplace

Stimuli should look like what likely purchasers actually see in the Atlanta market and beyond:

• Product pages
• Packaging
• Shelf sets
• Mobile app screens
• Search results
• Sponsored listings

We document stimulus capture, order and rotation, device compatibility, and exposure timing. Without a doubt, those practical details often determine whether a court views the work as realistic.

Fieldwork That Holds Up

Quality controls are non-negotiable. Attention checks, minimum-time thresholds, open-end verification, and IP/device de-duplication keep the data clean.

We maintain an audit trail with incidence rates, screen fails, replacement logic, so reliability questions can be answered with records, not open ended assurances.

Where Surveys Fit Your Atlanta Case

Survey evidence can help across the life of a dispute:

• Early strategy: Pilot testing to pressure-test theories and refine pleadings.
• Preliminary injunctions: Fresh data that shows current marketplace impact.
• Merits and trial: Full studies with robust controls and clear reporting.
• Rebuttal: Targeted critiques and, when needed, a short rebuttal survey to effectively address opposing work (wrong universe, weak controls, biased wording, or non-market stimuli).

Built for Local Timelines and Venues

Atlanta cases often move quickly. We scope studies to fit the relief sought and the record you’re building, coordinating with counsel on protective materials and tight deadlines.

If you’re preparing consumer survey evidence for trademark cases in Atlanta, GA, let’s tailor a study to your facts, timeline, and budget.

Contact Keegan & Donato Consulting, Inc. at (914) 967-9421 or reach out online to discuss how consumer survey evidence for trademark cases in Atlanta, GA can strengthen your next filing.