Attorneys whose trademark litigation in Boston requires the support and expertise of a consumer survey expert will benefit from the extraordinary knowledge of Keegan & Donato Consulting. We can deliver persuasive survey evidence that will stand up to judicial scrutiny.
Keegan & Donato Consulting, a specialty research consultancy, is located in beautiful Rye, New York. We provide a complete suite of services, including consulting on litigation strategy for both plaintiff and defendant clients, consumer research studies, expert reports, testimony in trademark and trade-dress litigation, testimony at deposition and/or trial, and rebuttal of opposing parties’ surveys when applicable.
With more than 25 years of combined experience, principals Mark Keegan and Tony Donato have developed surveys for and collaborated with some of the largest trademark management firms in the world, such as Fox Rothschild LLP in New Jersey and Philadelphia, Girard Gibbs LLP in San Francisco, Hogan Lovells in Washington, DC, and Riemer & Braunstein LLP in Boston.
Our Survey Specialties
Keegan & Donato Consulting’s capabilities include state-of-the art survey designs that are probative of the relevant issues in each case, are capable of targeting specific consumer populations with appropriate universe selection and sampling frames, and feature cutting-edge rotation and randomization of hundreds of question types with customizable complex skip and display logic when appropriate.
Consumer Confusion: A primary function of a trademark is to prevent consumer confusion. A well-executed survey can help brand owners and their counsel assess whether consumers are confused. Keegan & Donato Consulting measures likelihood of confusion with both standard survey designs and innovative custom surveys.
Secondary Meaning: Descriptive marks are not ordinarily protectable as trademarks unless they have acquired a secondary meaning. We can design a consumer research survey to target relevant consumers in your client’s market and help you determine the extent to which consumers associate a contested mark with one or more sources.
Dilution: Trademark dilution occurs when an infringing party uses a famous mark in a way that tarnishes the mark’s reputation for quality or dilutes its strength by blurring its distinctiveness. Consumer recognition of a famous mark can be measured directly by a survey.
False Advertising: Issues raised in the Lanham Act, such as false advertising or labeling, are well-suited to testing through consumer surveys by addressing the ways in which consumers interpret – and misinterpret – names, symbols, and other marks used by businesses in commerce.
Trade Dress: Like a trademark, trade dress is protectable under the Lanham Act. Conducting a consumer survey can help you gather the evidence to prove whether the trade dress in question has established secondary meaning or is likely to cause confusion in the marketplace.
If you are a trademark attorney who needs litigation support in Boston, Keegan & Donato Consulting has extensive experience, training, and data-gathering expertise, and will collaborate with you to understand the fundamental issues of your case. Get in touch with us at (914) 967-9421 to learn more about our wide range of services.