Have you wondered whether trademark surveys are worth the cost? The answer in most cases is yes. Consumer surveys can be a cost-effective way to collect evidence and bolster your case strategy.
Who is Keegan & Donato Consulting?
Keegan & Donato Consulting, located in historic Rye, New York, is a specialty research consultancy that designs and executes consumer surveys for attorneys across the nation and their clients in the context of intellectual property disputes.
Principals Mark Keegan and Tony Donato rely on more than 25 years of proven survey methodologies, deep operational insight, and extensive industry experience, to provide expert research, analysis, affidavits and reports on behalf of plaintiffs and defendants in support of trademark infringement litigation.
Can a Survey Help Your Case?
Although good survey evidence can be powerful, consumer surveys are not typically accepted without challenge. Courts require accurate, real-world data, and poor designs and methodological flaws can result in partial or full exclusion of survey evidence from a case.
In Parks, LLC v. Tyson Foods, Inc., 2015 WL 4545408, No. 5:15–cv–00946 (E.D. PA. May 10, 2016), for example, plaintiff Parks claimed that the defendant’s “Park’s Finest” sausages and hot dogs infringed on its “Ball Park Franks” brand.
The Court was critical of methodological flaws in a consumer survey submitted by Parks. It “was not probative of secondary meaning” and “was not directed at the appropriate universe of consumers.” Tyson Foods, on the other hand, introduced a consumer survey that showed little evidence of consumer confusion between its Park’s Finest sausages and Parks brand sausages. Tyson Foods prevailed.
If you are thinking you may not need a survey for your trademark litigation, consider that a number of court decisions have drawn negative inferences from the absence of survey evidence.
For example, in Pharmacia Corp. v. Alcon Labs, Inc., 201 F.Supp. 2d 335, 373 (D.N.J. 2002), the court noted that, “Pharmacia is not legally required to conduct a confusion survey. But … such a failure, particularly when the trademark owner is financially able, justifies an inference that the plaintiff believes the results of the survey will be unfavorable.”
What Do Our Trademark Surveys Cost?
At Keegan & Donato Consulting, we custom-design trademark surveys to meet the needs of each individual case. This may involve developing unique designs that will address the specific issues of importance in the case and targeting specialized populations of respondents. These are a few of the factors that affect the time and level of difficulty of executing a study and its overall cost.
We utilize an industry-leading online survey software platform to design and execute state-of-the-art surveys. Each survey consists of a sampling plan, a set of questions, and a method of administering the questions. Each aspect is designed according to scientific and accepted research practice.
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.
Are trademark surveys worth the cost? Find out how your case could benefit from the extraordinary knowledge of Keegan & Donato Consulting. Get in touch with us at (914) 967-9421 to learn more about our services.