When your case turns on what consumers think, choosing the right survey firm for litigation support makes all the difference. You want a team that understands trademark and advertising law, builds surveys that mirror the real marketplace, and can defend every choice, from universe to control, in court. That’s precisely how Keegan & Donato Consulting approaches litigation research for IP teams nationwide.

Start With Courtroom Credibility

Ask one question first: has the firm’s work survived scrutiny?

Look for a track record of surveys admitted in federal and state courts, before the TTAB, and in arbitration.

In addition, practical testimony experience matters, too. An expert should explain methods and results in plain English that’s easy for a judge or jury to understand.

Demand Litigation-Grade Methodology

A solid survey rests on fundamentals:

• The correct universe
• Representative sampling
• Randomized exposure
• Well-chosen controls
• Neutral, logically ordered questions

Your expert should be able to justify each decision and show how the design ties directly to the legal issues in dispute.

Match the Format to the Marketplace

At Keegan & Donato, we customize every trademark litigation survey. Eveready and Squirt/Lineup are reference points and not typical plug-and-play templates. We design each study around how consumers actually shop (online, in-store, in-app) and key facts like awareness, proximity, and the competitive set. Our unique and effective case-specific approach is why our surveys are stronger and more defensible than off-the-shelf work.

Look for Full-Spectrum Support

Great survey work doesn’t end at fielding.

The team should design, execute, analyze, and document the study. In addition, they must be prepared to critique an opponent’s survey or testify.

Keegan & Donato routinely handles likelihood of confusion studies and other Lanham Act issues (secondary meaning, trade dress, and more) by turning to both classic and custom designs.

How to Vet a Survey Firm

Below is a quick checklist of how to vet a survey firm:

• Admissibility history: Have their surveys been admitted across forums (courts/TTAB/arbitration)?
• Methodological rigor: Do they specify universe, sampling, randomization, and controls—and defend them?
• Format expertise: Can they explain when Eveready vs. Squirt/Lineup, or a custom design, fits your facts?
• Litigator focus: Are they built to serve attorneys with clear reporting, tight timelines, and expert testimony?
• Issue coverage: Do they routinely run likelihood of confusion, secondary meaning, dilution, and trade dress work?

Why Keegan & Donato Consulting

We serve litigators and their clients, focusing on surveys that answer specific legal questions with defensible methods.

Our team combines accepted frameworks with innovative, case-specific designs.

We use representative panels and advanced randomization to deliver reporting that ties results back to your claims and defenses.

Rest assured, we stand behind the work we do through declarations, reports, and testimony.

Choosing the right survey firm for litigation support comes down to one thing: confidence. You want and need to have the confidence that your evidence will be clear, relevant, and reliable.

Keegan & Donato Consulting delivers trademark, marketing, and consumer research surveys that stand up in court. Connect with us online or call (914) 967-9421 to put proven expertise on your side.