About
Based in Rye, New York, Keegan & Donato Consulting provides methodologically sound consumer survey research for litigation involving trademark, Lanham Act, false advertising, and related disputes.
Led by Mark Keegan and Tony Donato, the firm helps attorneys evaluate consumer perception and assess survey evidence. Their work can also support case strategy, rebuttal analysis, expert reports, depositions, and trial testimony.
Keegan & Donato Consulting provides independent consumer survey research for attorneys and their clients in trademark, Lanham Act, false advertising, and related intellectual property matters.
Led by Mark Keegan and Tony Donato, the firm helps litigation teams design, critique, and understand survey evidence. Their work includes matters involving consumer perception, likelihood of confusion, secondary meaning, acquired distinctiveness, and rebuttal of opposing surveys.
Our work is built around the legal question at issue. A useful litigation survey must do more than collect responses. It must identify the right universe, present fair stimuli, use appropriate controls, avoid leading questions, and produce results that can be explained clearly in reports, depositions, and testimony.
Consumer Survey Research for Litigation
Consumer survey research for litigation helps attorneys evaluate how relevant consumers understand names, marks, advertising claims, packaging, labeling, and marketplace context.
In trademark, Lanham Act, false advertising, and related disputes, survey evidence can help clarify key issues. These include likelihood of confusion, secondary meaning, acquired distinctiveness, consumer perception, and rebuttal of opposing expert opinions.
Keegan & Donato Consulting designs, critiques, and analyzes consumer surveys with attention to the legal question at issue. Each survey also requires careful attention to the relevant consumer universe, appropriate controls, fair stimulus presentation, and results that can be explained clearly in expert reports, depositions, and trial testimony.
Experience in Trademark and Consumer Survey Evidence
Mark Keegan and Tony Donato bring more than 40 years of combined experience conducting and critiquing consumer survey research. Their work includes matters involving trademark disputes, Lanham Act claims, false advertising, trade dress, packaging, labeling, marketplace claims, consumer perception, and consumer understanding.
The firm works with attorneys throughout the survey process, including early case assessment, survey design, fielding, analysis, expert reports, rebuttal reports, deposition preparation, and trial support.
How We Support Litigation Teams
Keegan & Donato Consulting helps attorneys evaluate whether survey evidence may be useful. The firm can also assess whether an opposing survey is vulnerable and how consumer research may affect case strategy.
In some matters, the right approach is to design and conduct a new survey. In others, the more valuable role may be critique. That may include identifying methodological flaws or advising against survey work that is unlikely to help.
Our services include:
- Likelihood of confusion surveys
- Secondary meaning and acquired distinctiveness surveys
- Strength of mark analysis
- Lanham Act survey support
- False advertising and misleading claims research
- Consumer perception and consumer understanding surveys
- Critique and rebuttal of opposing survey evidence
Practical, Defensible Research
The firm’s approach is practical, litigation-focused, and grounded in accepted survey methods. Every matter requires attention to the legal claim, the marketplace context, the relevant consumers, and the specific question the survey is meant to answer.
Keegan & Donato Consulting does not treat survey research as a generic data exercise. The goal is to produce research that addresses the legal issue, identifies what the data can and cannot support, and helps attorneys understand the strengths, limits, and risks of survey evidence.
Meet Mark Keegan and Tony Donato
Mark Keegan serves as the primary testifying expert in many matters involving consumer survey evidence. His experience includes designing, executing, critiquing, and testifying on consumer surveys used in complex litigation.
Tony Donato has consulted on complex litigation since 2004, with experience in research strategy, survey design, data analysis, and case management. He works closely on survey structure, execution, analysis, and critique of opposing research.
Together, Mark Keegan and Tony Donato provide litigation teams with experienced judgment across the full life cycle of consumer survey evidence.
Discuss a Survey Matter
Keegan & Donato Consulting can help evaluate whether a consumer survey, trademark survey, survey critique, or rebuttal analysis may support your litigation strategy.
Contact Keegan & Donato Consulting to discuss your matter.
Using our extensive experience in conducting and critiquing consumer surveys, we design studies that avoid the methodological pitfalls often found in competing research.
40
years of combined experience
conducting and critiquing consumer survey research
Consumer Survey Research for Litigation
Keegan & Donato Consulting provides survey research services designed to help attorneys evaluate consumer perception, trademark claims, Lanham Act issues, and opposing survey evidence.
- Likelihood of Confusion Analysis: Delivering robust, statistically reliable evidence to determine potential consumer confusion between trademarks;
- Secondary Meaning and Acquired Distinctiveness Studies: Evaluating whether marks have gained recognition or distinctiveness in the minds of consumers;
- Lanham Act Claims Support: Conducting surveys to address issues such as false advertising, trade dress infringement, and dilution;
- Consumer Perception and Understanding: Investigating how consumers interpret marketing claims, brand messaging, and product attributes to uncover key insights;
- Strength of Mark Analysis: Assessing the distinctiveness and recognition of trademarks to support intellectual property cases; and
- Rebuttal Work: Critiquing and rebutting opposing survey evidence, identifying flaws, and providing expert guidance to strengthen your rebuttal strategy.
Our principals, Mark Keegan and Tony Donato bring over 40 years of combined experience in consumer survey research for litigation and formulating case strategies in complex litigation. Together, they ensure our clients receive actionable insights and expert guidance throughout every stage of their case.
Mark Keegan and Tony Donato have consulted on a wide range of litigation matters involving consumer research, marketing, and consumer behavior. Their work includes Lanham Act claims, trademark disputes, advertising matters, copyright, patent, and related issues.
Need reliable, data-driven insights for your legal case?
At Keegan & Donato Consulting, we deliver expert consumer research tailored to litigation.
Call us to find out more about how our methodologically sound studies can strengthen your case with actionable evidence.
