If you are an attorney who needs support with trademark infringement litigation, look no further than Keegan & Donato Consulting. Principals Mark Keegan and Tony Donato have wide-ranging skills and tools that can help bolster your case and the ability to deliver intelligence within a wide range of budgets.
With a combined 25-plus years of experience in conducting consumer research studies, the Keegan & Donato Consulting team has developed surveys for plaintiffs and defendants across the nation on issues related to likelihood of confusion, secondary meaning, acquired distinctiveness, strength of mark, dilution, false advertising, and other topics related to trademarks and trade dress.
What Consumer Surveys Can Measure
Surveys can be instrumental in measuring issues related to intellectual property matters and providing evidence of infringement.
Consumer survey research is an excellent way to address likelihood of confusion. A well-designed survey can provide direct scientific evidence of the extent to which the consuming public believes there is a relationship between the plaintiff’s and the defendant’s mark, brand, or product that could create confusion.
Secondary meaning, which occurs when the consuming public associates a descriptive word, name, slogan, or symbol with a single source. This is a powerful indication that a mark has been elevated in the minds of consumers as a distinctive identifier of a specific brand. Many courts have recognized that consumer surveys are one of the best ways to show secondary meaning.
Acquired distinctiveness can also be measured by a consumer survey. Descriptive marks typically cannot be granted trademark protection but may become protectable when they acquire distinctiveness or when the public associates them with a particular set of services and goods. Examples include Best Buy® for consumer electronics. This is usually a result of extensive advertising and widespread commercial use.
Trademark law protects distinctive marks, and the levels of protection are directly related to the strength of the mark. With consumer surveys, we can measure the level of consumer recognition of a mark or brand.
Strengthen your case with a well-designed survey conducted by Keegan & Donato Consulting, which can provide empirical evidence on the issue of whether an alleged trademark infringement is having a real-world impact on consumers.
In addition to consumer surveys, the firm provides services in these and other areas:
- Full-service data gathering and reporting
- Marketing, damages and forensic economic analysis
- Collaboration on complex commercial litigation issues
- Pilot studies and exploratory research
- Critiqueof opposing experts’ studies and reports
- Advice on deposition and trial questioning of opposing experts
Expert Witness Testimony
When you need an expert to explain facts and issues of your case that are not easily understood, or when a Court would benefit from empirical evidence of issues relevant to the case, Mr. Keegan and Mr. Donato have testimony experience as expert witnesses in a number of high-profile cases involving consumer behavior and trademark infringement.
If you are an attorney who needs litigation support related to trademark infringement, take advantage of the extraordinary expertise of our company by contacting Keegan & Donato Consulting at (914) 967-9421.