When you need reliable trademark surveys, contact the specialty research consultants at Keegan & Donato Consulting. Our expert analysis will ensure the admissibility and persuasiveness of the results and help you develop a robust case or rebuttal strategy.
With over 30 years of combined experience in the field, principals Mark Keegan and Tony Donato have developed surveys for and collaborated with firms that manage some of the largest trademark portfolios in the world, such as Hogan Lovells in Washington, DC, Giampolo Law Group in Philadelphia, Arnold & Porter LLP in San Francisco, Schepisi & McLaughlin, P.A. in New Jersey, and Riemer & Braunstein LLP in Boston.
Our firm has designed hundreds of studies across a wide range of industries to test various Lanham Act claims, including likelihood of confusion, strength of mark, acquired distinctiveness, false designation of origin, trade dress infringement, and many other issues, including damages analysis, forensic economic analysis, and related areas.
Surveys conducted by Keegan & Donato Consulting have been admitted into evidence in federal and state courts, at arbitration, and to the Trademark Trial and Appeal Board (TTAB), the NAD, and other specialty venues, in matters involving a broad range of products and services. We have also testified extensively at deposition and trial.
Our consumer research studies address objective, non-leading questions to an appropriate universe of consumers. To satisfy judicial and adversarial scrutiny and ensure admissibility, we follow survey design, execution, and presentation best practices. We employ procedures to minimize potential biases in data collection, and our services include a complete analysis and reporting of survey data.
Don’t Let a Flawed Survey Damage Your Case
Hiring qualified survey experts will help prevent the results of your trademark survey from being attacked.
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 poorly constructed and unscientific. The survey expert was rejected as unqualified “to design a survey or interpret survey results” [see 45 F.Supp.3d 1167-1170].
In Cumberland Packing Corp. v. Monsanto Co., 140 F.Supp.2d 241 – Dist. Court, E.D. New York (2001), “the court determined that the results of the [plaintiff’s] surveys were unreliable because of serious flaws in the protocol and methodology,” and decided in the defendant’s favor.
In Kate Spade LLC v. Saturdays Surf LLC, 950 F.Supp. 2d 639 – Dist. Court, S.D. New York (2013), the Court found the survey evidence presented by both parties to have limited value and gave them no weight at all in this infringement litigation. The plaintiff’s survey was determined to be poorly designed, and the defendant’s survey suffered from flaws that raised “serious questions about the leading nature of the survey design.”
How We Can Help
At Keegan & Donato Consulting, we would be pleased to advise you about how to achieve admissibility of your trademark surveys. Get in touch with us today at (914) 967-9421 to explore our affordable services.