Surveys can provide law firms with direct evidence about consumer perceptions that are difficult to accomplish by means of visual comparisons and expert testimony alone. When you need a trademark survey expert to support your case, take advantage of the incomparable expertise of Keegan & Donato Consulting.
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
As a specialty research consultancy, we are members of the International Trademark Association (INTA), the American Marketing Association (AMA), the American Association for Public Opinion Research (AAPOR), the Association for Consumer Research (ACR), and ESOMAR, the leading global association for market, social and opinion researchers, and offer other skills and tools that can help you strengthen your case.
We have assisted firms across the nation develop effective case strategies, including Debevoise & Plimpton LLP in New York City, Ropes & Gray LLP in Washington, DC, Pashman Stein in New Jersey, Blood Hurst & O’Reardon LLP in San Diego, and Giampolo Law Group in Philadelphia.
Could a Survey Make a Difference in Your Case?
The Lanham Act (also known as the Trademark Act) is the federal statute that governs trademarks, service marks, and unfair competition. It is codified in 15 U.S. Code §1125 and sets out procedures for registering trademarks, regulates the use of trademarks in commercial activity, and sets out remedies that can be sought when a trademark is infringed.
The purpose of the Lanham Act is to protect the trademark owner from infringement and unfair competition and the consumer from false or misleading statements about the sources of particular goods or services. The Act establishes a federal cause of action for claims of trademark or trade dress infringement, dilution, false designation of origin, false advertising, and other issues.
The central element of trademark infringement is “likelihood of confusion.” When infringement is alleged, litigants often use consumer surveys to persuade the court that consumer confusion between trademarks exists (or does not exist).
Hiring qualified survey experts, such as Keegan & Donato Consulting, will have a significant impact on whether the court deems your survey results admissible. We consider methodological design among the most important aspects of designing a consumer research study.
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.
When your law firm needs a survey expert to help develop a powerful trademark infringement case strategy, Keegan & Donato Consulting can provide the expertise you need. Contact us at (914) 967-9421 to learn more.