As you evaluate consumer opinion survey companies for your intellectual property case, take advantage of the extraordinary expertise of Keegan & Donato Consulting. We have vast experience in designing, implementing, and critiquing a full spectrum of trademark surveys.
About the Firm
Located in Rye, New York, Keegan & Donato Consulting provides a wide range of services to plaintiff and defendant clients, including consultation on litigation strategy, consumer research studies, testimony in trademark and trade dress litigation, testimony at deposition and/or trial, expert reports, and rebuttal of opposing parties’ surveys when applicable.
Principals Mark Keegan and Tony Donato have more than 25 years of combined experience in the consumer research field as well as extensive testimony experience. Their credentials include:
- Juris Doctor from Brooklyn Law School (Keegan)
- Bachelor of Arts in History from Pace University (Keegan)
- Member of the New York and Connecticut Bar Associations (Keegan)
- Master of Public Policy from Georgetown University (Donato)
- Bachelor of Arts in Politics from Ursinus College (Donato)
- Co-author of peer-reviewed journal articles (Donato)
How a Consumer Survey Can Help Your Case
Good survey evidence can be powerful, but consumer surveys are generally not accepted without a challenge. Courts require accurate, real-world data. Poor designs and methodological flaws often result in partial or full exclusion of survey evidence from a case.
In Elliott v. Google, Inc., 45 F. Supp. 3d 1156 – Dist. Court, D. Arizona (2014), for example. the plaintiff’s surveys were deemed inadmissible because the Court determined them to be unscientific and poorly constructed. The survey expert was also rejected as not qualified “to design a survey or to interpret survey results.”
In Water Pik, Inc. v. Med-Systems, Inc., 726 F.3d 1142, 1144-50 (10th Cir. 2013), there is a lengthy discussion wherein the Court concludes that the defendant’s survey evidence “had too many methodological flaws to be of any probative value.”
Thinking you may not need a survey? Courts have also drawn negative inferences from the absence of survey evidence. In Pharmacia Corp. v. Alcon Labs, Inc., 201 F.Supp. 2d 335, 373 (D.N.J. 2002), for example, 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.”
About Our Survey Methodology
At Keegan & Donato Consulting, we employ both classic survey designs and develop custom survey designs to suit each client’s needs and consider methodological design among the most critical aspects of designing a consumer research study. Some of our best practices include:
- Appropriate universe selection and sampling frame;
- Inclusion of representative, qualified respondents;
- Use of objective, non-leading questions;
- Use of procedures to reduce guessing among respondents;
- Use of procedures to minimize potential biases in data collection; and
- Full analysis and reporting of survey data.
Our industry-leading online survey software platform facilitates the programming and execution of advanced survey designs, including complex skip logic and advanced rotation and randomization of questions, answer options, and stimuli.
If you are interested in consumer opinion surveys for IP litigation support, it’s extremely important to hire qualified survey experts, such as Keegan & Donato Consulting. Contact us at (914) 967-9421 to learn more about our survey design best practices and explore our affordable services.