Keegan & Donato Consulting is one of the most experienced companies in the field of trademark surveys. Learn more about our best practices and explore our affordable services.
With over 25 years of combined experience, proven survey methodologies, and deep operational insight, principals Mark Keegan and Tony Donato have expertise on many topics in the areas of trademark and trade dress infringement matters.
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
Don’t Allow Survey Flaws to Damage Your Case
Surveys are highly susceptible to criticism, and you should expect the courts to scrutinize them for methodological flaws. Sample selection issues, interviewer bias, and suggestive wording may cause a judge to attribute little weight to the survey or deem some or all of the results inadmissible.
In Elliott v. Google, Inc., 45 F. Supp. 3d 1156 – Dist. Court, D. Arizona (2014), for example, the Court deemed the plaintiff’s surveys inadmissible after finding them to be unscientific and poorly constructed. The Court also rejected the plaintiff’s expert as “unqualified to design a survey or to interpret survey results” [see 45 F.Supp.3d 1167-1170].
In First Data Merchant Services Corp. v. SecurityMetrics, Inc., No. RDB–12–2568, 2014 WL 6871581 (D. Md. Dec. 3, 2014), the report, opinions and testimony of the defendant’s survey expert were excluded by the Court from the false advertising portion of the case as a result of the expert’s failure to use a control to test for consumer confusion (a “significant flaw”), and “several other troubling aspects” of its methodology.
Examples like these demonstrate why it is extremely important to hire qualified survey experts, such as Keegan & Donato Consulting. Our methodologically sound consumer research studies and expert testimony will meet the courts’ standards for design, execution, and analysis and can serve as powerful evidence in your case.
Our Survey Methodology
At Keegan & Donato Consulting, we employ both classic survey designs and develop innovative custom survey designs to suit each individual client’s needs. We consider methodological design among the most critical aspects of designing a consumer research study. Some of our best practices include:
- Appropriate universe selection and sampling frame;
- Inclusion of representative, qualified respondents;
- Use of objective, non-leading questions;
- Use of procedures to reduce guessing among respondents;
- Use of procedures to minimize potential biases in data collection; and
- Full analysis and reporting of survey data.
Our industry-leading online survey software platform facilitates the programming and execution of advanced survey designs, including complex skip logic and advanced rotation and randomization of questions, answer options, and stimuli.
Cost of Trademark Surveys
Our consumer research studies are custom-designed to meet the needs of each individual case. They 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. We will always provide you with an estimate of project costs prior to engagement.
If you are interested in learning more about our trademark survey best practices, get in touch with Keegan & Donato Consulting at (914) 967-9421.