If you are interested in the importance of consumer confusion in trademark infringement litigation, look no further than Keegan & Donato Consulting. We will help you design a reliable, methodologically sound consumer study to support your case.
Keegan & Donato Consulting is a specialty research consultancy located in Rye, New York. Principals Mark Keegan and Tony Donato have a combined 25-plus years of industry experience and provide expert research, analysis, affidavits, and reports on behalf of plaintiffs and defendants in support of trademark infringement litigation.
We provide a complete suite of services, including consulting on litigation strategy for clients across the nation, consumer research studies, expert reports, testimony during litigation, testimony at deposition and/or trial, and rebuttal of opposing parties’ surveys when applicable.
About Confusion and Trademarks
One of the primary purposes of a trademark is to prevent consumer confusion. When too similar, 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 by the junior mark. The more similarity, the greater the chances there will be confusion between the marks, and the greater the chances that infringement will occur.
Some of the Issues We Can Measure
Surveys can be very useful in attempting to measure a number of issues related to intellectual property matters and provide evidence of infringement.
Likelihood of confusion is a common issue addressed by consumer survey research. A well-designed survey can provide direct scientific evidence of the extent to which consumers believe there is a relationship between the plaintiff’s and the defendant’s mark, brand, or product.
Secondary meaning, which occurs when consumers associate an otherwise descriptive mark with a single source, can be measured by means of a consumer research study, and may provide a strong indication that a mark is no longer descriptive and has become a distinctive identifier of a brand in the minds of consumers.
Acquired distinctiveness can be measured with consumer survey research. When a mark acquires distinctiveness, it becomes capable of serving as a trademark by associating in the mind of consumers with a particular source of goods and services. This usually happens as a result of extensive advertising and widespread commercial use.
Lanham Act issues are particularly well-suited to testing through consumer research. Strengthen your case with a well-designed survey conducted by Keegan & Donato Consulting which can provide empirical evidence on the issue of whether an alleged trademark infringement is having a real-world impact on consumers.
Get in touch with the experts at Keegan & Donato Consulting at (914) 967-9421 to learn more about consumer confusion and trademark infringement. We will help you design a reliable, methodologically sound consumer research study to support your case.