Rebuttal Expertise: Strengthening Your Case by Identifying Weaknesses in Opposing Consumer Survey Evidence

Critiquing opposing survey evidence is an essential part of litigation involving trademarks, advertising claims, and related disputes. Keegan & Donato Consulting specializes in reviewing and rebutting survey research conducted by opposing experts, offering critical insights into its validity and reliability.

A well-executed rebuttal strategy involves identifying weaknesses in opposing studies, from methodological flaws to biased interpretations. Our expertise also extends to advising clients on deposition strategies, equipping them to challenge survey evidence effectively and strengthen their case.

A seemingly convincing research study may hide flaws unnoticed by untrained eyes, but an experienced survey expert can identify critical weaknesses.

Below are key areas where our expertise strengthens rebuttal strategies and enhances the effectiveness of your legal arguments.

The Importance of Survey Critique in Litigation

Rebutting consumer survey research is vital for identifying flaws that may affect litigation outcomes. Even seemingly well-executed surveys can contain subtle weaknesses, such as methodological errors, biased data collection, or flawed analysis. These vulnerabilities, when properly highlighted, can significantly impact the credibility of opposing evidence and strengthen your case.

An experienced survey expert scrutinizes design elements, sample selection, question framing, and statistical analysis to expose weaknesses. Methodological errors, such as a poorly defined target population or biased questions, can skew results. Robust critiques ensure that unreliable data does not unfairly influence the case, providing attorneys with a strong foundation for rebuttals.

Surveys can be biased in their design or misinterpreted to favor one side. Rebuttal work identifies such issues, revealing whether conclusions are objective and reflective of real-world consumer behavior. These critiques help to dismantle flawed narratives and challenge the reliability of opposing evidence.

Beyond identifying weaknesses, our expertise extends to deposition preparation and trial strategy. We advise on effective questions to expose flaws in opposing surveys and enhance credibility in presenting counterarguments. From critiquing evidence to navigating high-stakes cases, we provide comprehensive support to ensure your rebuttal strategy is robust and persuasive.

Research surveys are vital in disputes, but critiquing and rebutting opposing expert evidence is equally crucial for success.

Keegan & Donato Consulting assists in rebutting adversary survey evidence by identifying flaws and advising on deposition strategies, including specific survey-related issues and general areas of questioning to challenge the opposing expert’s credibility.

Do you have a case involving opposing survey evidence that needs expert critique and analysis?

Would your case benefit from identifying flaws in an adversary’s survey and strengthening your rebuttal strategy with expert guidance?
Call us to find out how our rebuttal expertise can support your case.
Litigation Surveys & Survey Rebuttals to Help Drive Your Case Strategy Forward

Areas of Expertise

Likelihood of confusion

We use an experimental design (test vs. control) approach to deliver robust, statistically reliable evidence regarding likelihood of confusion.

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Strength of Mark

Survey evidence is a useful tool in proving (or disproving) the strength of a contested mark. Our tailored approach ensures that the most appropriate method is selected for your case.

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Secondary Meaning

Has your client’s mark acquired secondary meaning among consumers? Our survey evidence will provide the answer.

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Acquired distinctiveness

From product design to color, our survey evidence will help you determine how trade dress impacts consumers and your case.

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Lanham Act claims

We have extensive experience conducting surveys to test a wide variety of Lanham Act claims, including likelihood of confusion, secondary meaning, trade dress, and others.

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Consumer perception

Survey evidence can provide crucial information regarding how consumers perceive marks, product designs, colors, websites, and other stimuli.

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Consumer understanding

Our surveys provide thorough insights into how consumers process and understand marketing messages, labeling claims, disclaimers, and other communications.

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Rebuttal work

We have extensive experience rebutting surveys submitted by opposing experts covering a wide range of issues.

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