In many false advertising and consumer fraud cases, consumer perception of specific claims made by a manufacturer on product packaging and in marketing communications is a common issue. A consumer survey can be indispensable in winning this type of trademark litigation, particularly when the rest of the evidence is unclear. The experts at Keegan & Donato Consulting can help.
Keegan & Donato Consulting, located in Rye, New York, is a specialty research consultancy that designs and executes consumer-based surveys for attorneys and their clients in the context of intellectual property disputes. Principals Mark Keegan and Tony Donato have more than 25 years of cumulative experience in the field of consumer research.
Mr. Keegan is an AMA Professional Certified Marketer and has worked with top brands as a marketing strategist helping to position them in the market and create innovative online advertising solutions. Mr. Keegan and Mr. Donato have wide-ranging skills and tools that can help you strengthen your case.
Value of Consumer Research Studies
Manufacturers often promote their products by highlighting a product’s attributes on packaging and in their advertising. The highlighting of attributes, ranging from ingredients to efficacy, technical specifications, performance and more, is a means of communicating between buyer and seller and can have a strong influence on the consumer purchase decision.
Due to the strong potential for impacting consumer decisions and serious health and safety implications, product labeling in the U.S. is governed by strict regulations as well as guidelines for self-regulation developed by professional organizations for marketers. When a company is alleged to have engaged in marketing activities that fall outside of these regulations, the result is often litigation.
Surveys can be an invaluable tool for brands who want to gauge consumer perception of products or services; measure consumer understanding of contested marketing claims; assess the buying habits of a target market; test the marketplace for a new brand name, logo or concept; and other key marketing issues.
Keegan & Donato Consulting designs, executes, analyzes, and presents the results of IP litigation surveys, including:
- Likelihood of Confusion
- Secondary Meaning
- Strength of Mark
- Acquired Distinctiveness
- Lanham Act Claims
In addition to our survey design capabilities, the firm provides services in these and other areas:
- Full-service data gathering and reporting
- Marketing, damages and forensic economic analysis
- Collaboration on complex commercial litigation issues
- Pilot studies and exploratory research
- Critique and rebuttal of opposing experts’ studies and reports
- Advice on deposition and trial questioning of opposing experts
We have partnered with leading firms across the nation, including Blood Hurst & O’Reardon LLP (San Diego), SmithAmundsen LLC (Chicago), Ropes & Gray LLP (Washington, DC), and Notaro, Michalos & Zaccaria PC (New Jersey), on litigation surveys that have been entered into evidence in matters involving a broad range of products and services.
Call the experts at Keegan & Donato Consulting at (914) 967-9421 to find out how a consumer perception survey could help bolster your case by presenting fact-based evidence in support of your position.