Using consumer surveys developed by Keegan & Donato Consulting can be a valuable tool to support trademark infringement cases.
Trademark infringement occurs when a person or company uses a trademark that is confusingly similar to another trademark, causing consumer confusion. In these cases, gathering evidence to prove that the alleged infringer’s use of the mark will likely confuse consumers is crucial. This is where consumer surveys come into play.
About Us
With more than three decades of combined experience, principals Mark Keegan and Tony Donato have extensive backgrounds in designing, executing, analyzing, presenting, and critiquing consumer research studies. We perform analyses, help clients develop damages claims, critique opposition expert reports, assist with witness preparation, and provide expert witness testimony.
Benefits of Consumer Surveys
Using consumer surveys in trademark infringement cases can be persuasive evidence in court. Judges and juries often find survey evidence compelling because it offers a scientific method for measuring consumer perceptions and the likelihood of confusion. Well-designed and properly conducted surveys have high evidentiary value and can significantly impact a case’s outcome.
One of the main benefits is that surveys provide empirical evidence of consumer perceptions and behavior. Survey data is collected from a representative sample of consumers who are asked about their perceptions of the allegedly infringing mark. By analyzing the responses, you can determine whether consumers are likely to be confused. This empirical evidence strengthens your case by providing concrete data rather than relying solely on subjective opinions.
Consumer surveys can also help quantify the level of consumer confusion. Surveys often include questions that ask participants about their level of confusion or similarity between marks. By analyzing the survey responses, trademark owners can determine the percentage of consumers who are likely to be confused by the similarity between their mark and the potentially infringing mark. This can be a powerful tool in demonstrating the impact of the infringement on the trademark owner’s business and reputation. It also provides a precise measure for the court to consider when making its decision.
Another benefit of consumer surveys is their ability to help establish evidence of consumer confusion. In addition to asking participants about their perception and likelihood of confusion, surveys can include questions about instances where consumers have actually been confused by the marks. These questions can help identify specific cases where consumers have mistakenly believed that the products or services associated with the potentially infringing mark are connected to the trademark owner. This evidence of actual confusion can be compelling in demonstrating the harm caused by the infringement and can strengthen your case.
Consumer surveys can also be helpful for negotiation purposes. Before taking a case to court, the parties involved may engage in settlement discussions or negotiations. Consumer surveys can help demonstrate the strength of one party’s position and persuade the other party to reach a favorable settlement agreement.
Key Takeaways
Using consumer surveys to support trademark infringement cases offers many benefits. They provide objective evidence of consumer perception, quantify levels of confusion, establish proof of actual confusion, and provide valuable insights into market behavior. Consumer surveys enable you to strengthen your arguments, provide solid evidence to the court, and increase your chances of success. Contact Keegan & Donato Consulting today to explore our services.