The importance of consumer surveys in trademark litigation is undeniable, particularly when the rest of the evidence is not clear. Hiring qualified survey experts, such as Keegan & Donato Consulting, will have a significant impact on your case strategy.
The principals of Keegan & Donato Consulting – Mark Keegan and Tony Donato – have extensive strategic and analytical skills and 25+ years of combined expertise in designing, executing and critiquing consumer research studies in the context of litigation.
Our nationwide services include these and other areas:
- State-of-the-art survey design and execution
- Full-service data gathering and reporting capabilities
- Damages analysis and forensic economic analysis
- Pilot studies and exploratory research
- Collaboration on complex commercial litigation issues
- Critique and rebuttal of opposing experts’ studies and reports
- Advice on questioning of opposing experts in deposition and at trial
- Expert witness testimony on consumer survey, marketing & economic issues
Why Hire a Survey Expert?
The Lanham Act does not require the introduction of consumer surveys in disputes, but they can serve as persuasive evidence of consumer confusion. However, surveys must be well-designed and scientifically sound, or the court may give them little weight or partially or completely exclude them.
In First Data Merchant Services Corp. v. SecurityMetrics, Inc., No. RDB–12–2568, 2014 WL 6871581 (D. Md. Dec. 3, 2014), for example, the report, opinions and testimony of the defendant’s survey expert were excluded by the Court from the false advertising portion of the case as a result of the expert’s failure to use a control to test for consumer confusion (a “significant flaw”), and “several other troubling aspects” of its methodology.
A consumer survey can also be a critical factor in the Court’s assessment of your case. In Tiffany and Co. v. Costco Wholesale Corp., 127 F.Supp.3d 250 –District Court, S.D. New York (2015), Tiffany & Co. proffered a consumer confusion survey which concluded that potential wedding ring buyers at Costco were likely confused into believing that Tiffany & Co. was the source of rings that were advertised as having “Tiffany” settings.
Costco did not counter the conclusions by offering its own survey evidence. Without a competing survey, “Tiffany’s evidence of consumer confusion stands unrebutted,” said the Court when granting Tiffany’s motion for summary judgment.
Because every case is unique, Keegan & Donato Consulting works with each client to understand the fundamental issues of their cases in order to maximize the value of the survey evidence to the overall case strategy.
We can advise you on the best approach to your trademark survey, help you collect feedback and gain important insight from your target markets when you have a new product concept, or provide you with an objective evaluation of an opposing expert’s survey research.
What Does a Trademark Survey Cost?
Keegan & Donato Consulting can help you solve your biggest IP litigation and marketing research challenges with the actionable insight that can be gained from a consumer survey designed by highly qualified experts who can quickly deliver intelligence within a wide range of budgets.
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.
Once you have recognized the importance of trademark surveys and need experienced consultants to support your case, you will appreciate the extraordinary expertise of Keegan & Donato Consulting. Contact us at (914) 967-9421 to explore our capabilities.