Confusion between brands competing in the same or similar markets is sometimes inevitable. If you are involved in a trademark dispute that requires a confusion analysis, the survey experts at Keegan & Donato Consulting have the expertise to quickly deliver intelligence within a wide range of budgets.
Keegan & Donato Consulting is a specialty research consultancy and one of the most experienced companies in the field of trademark litigation. With more than 25 years of combined experience, proven survey methodologies, and deep operational insight, principals Mark Keegan and Tony Donato provide expert research, expert reports, and testimony on behalf of plaintiffs and defendants in support of trademark infringement litigation.
Mark Keegan is a member of the New York and Connecticut Bar Associations who has a record of formulating complex case strategies on behalf of his clients and a history as a marketing strategist working with top brands. He is an AMA-designated Professional Certified Marketer.
Tony Donato, who holds a Master of Public Policy degree from Georgetown University, has an extensive background in research, marketing, intellectual property, and consumer behavior cases covering trademark, copyright, best efforts, advertising, business damages, consumer surveys, and business ethics.
Keegan & Donato Consulting provides the following services related to trademark and marketing litigation:
- State-of-the-art survey design, implementation, and presentation
- Expert analysis and report preparation
- Expert witness testimony on consumer survey, marketing and economic issues
- Critique and rebuttal of reports from opposing experts
- Damages and forensic economic analyses
- Guidance on the questioning of opposing experts at deposition or trial
Similarity and Confusion
One of the main purposes of a trademark is to prevent consumer confusion. “Likelihood of confusion” is a legal standard in trademark law that determines whether or not trademark infringement has occurred.
When too similar, the marks may confuse consumers into purchasing unwanted brands, damage or dilute a brand’s reputation, or allow competitors to benefit from the established reputation of another brand.
Trademarks can be similar in appearance, sound, and meaning. Similarity is determined by whether the relevant consuming public is likely to be confused, typically, by the junior mark. The greater the similarity between two marks, the greater the chances there will be confusion between them, and the greater the chances that infringement will take place.
Under the Lanham Act, trademark owners who claim infringement and unfair competition are generally required to establish two elements: (1) that the defendant used the registered mark in commerce; and (2) that the use is likely to cause consumer confusion.
A likelihood of confusion survey addresses the issue of consumer confusion from a scientific perspective, providing empirical data regarding the extent to which consumers believe that certain brands at issue emanate from the same source or are somehow related.
Get in touch with the experts at Keegan & Donato Consulting at (914) 967-9421 to find out how a trademark confusion survey could help you develop the best case strategy. We employ both classic survey designs and create innovative custom survey designs to meet our clients’ needs.