Consumer Survey Expert Witness for Trademark and Advertising Litigation
Mark Keegan is a founding principal of Keegan & Donato Consulting and the firm’s primary testifying survey expert. He designs, conducts, evaluates, and critiques consumer research for litigation involving trademarks, advertising, and consumer perception.
Over more than 25 years in consumer survey research, Mark has personally conducted more than 1,000 surveys reaching more than 250,000 consumers. His survey work has been presented in federal and state courts, arbitrations, and proceedings before the Trademark Trial and Appeal Board, the National Advertising Division, and the U.S. International Trade Commission. He has also served as a rebuttal expert, evaluating opposing survey evidence and testifying about its methods and conclusions.
Mark’s work includes surveys addressing likelihood of confusion, secondary meaning and acquired distinctiveness, genericness, fame, false advertising, and consumer understanding. The research design depends on the question in the case. His role is to develop a study that measures the relevant consumer response and to explain its methods, results, and limitations clearly.
His background combines survey research, marketing, and legal training. Before founding Keegan & Donato Consulting, Mark worked in marketing strategy and operations. He holds a law degree from Brooklyn Law School and is licensed to practice law in New York and Connecticut. He is a graduate of the University of Georgia’s Principles of Market Research Program and holds the American Marketing Association’s Professional Certified Marketer designation.
Mark has taught and spoken about survey research for litigation in continuing legal education programs, professional conferences, and law school settings. He works with counsel on new survey research, the evaluation of existing studies, and rebuttal assignments.
Education and Credentials
- J.D., Brooklyn Law School, 1995
- B.A., Pace University, 1990
- Professional Certificate, Principles of Market Research Program, University of Georgia, 2021
- Professional Certified Marketer, American Marketing Association
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