Consumer perception surveys are a type of market research used in trademark cases to determine how consumers perceive a particular brand or trademark. Keegan & Donato Consulting conducts these surveys to gather information about how consumers view a particular trademark or brand, including its distinctiveness, strength, and likelihood of confusion with other brands.
Keegan & Donato Consulting specializes in trademark and trade dress analyses and surveys. We have designed and critiqued hundreds of consumer research studies across various industries for cases in federal court, state court, the TTAB, the NAD, arbitration hearings, and other specialty venues.
We have partnered with leading firms across the nation, such as Blood Hurst & O’Reardon LLP (San Diego), SmithAmundsen LLC (Chicago), Notaro, Michalos & Zaccaria PC (New Jersey), and Ropes & Gray LLP (Washington, DC), and on surveys involving a broad range of products and services.
Frequently Asked Questions (FAQs) About Consumer Perception Surveys
Here are some frequently asked questions about Consumer Perception Surveys for trademark cases:
Q: Why are consumer perception surveys important in trademark cases?
Consumer perception surveys are important in trademark cases because they provide valuable evidence about how consumers perceive a particular trademark or brand. This information can be used to support arguments about the likelihood of confusion between two trademarks or to demonstrate the strength and distinctiveness of a particular trademark.
Q: What types of questions are asked in consumer perception surveys?
Consumer perception surveys typically ask questions about the distinctiveness, strength, and likelihood of confusion about a particular trademark or brand. For example, respondents may be asked to rate how unique and memorable a trademark is or how likely they are to confuse it with similar trademarks.
Q: Who conducts consumer perception surveys?
Consumer perception surveys are typically conducted by market research firms or companies like Keegan & Donato Consulting, with experience in these types of surveys. We work with trademark attorneys or other legal professionals to design and administer the surveys. Principals Mr. Keegan and Mr. Donato are also experienced expert witnesses who have testified in numerous high-profile cases involving IP infringement and consumer behavior.
Q: Are consumer perception surveys admissible in court?
Yes, Consumer perception surveys are admissible in court as evidence in trademark cases. However, the admissibility of these surveys may depend on the specific circumstances of the case, and the survey methodology and results will be subject to scrutiny by the court.
Why Hire an Expert
There are many factors that can affect the validity of a trademark survey, including the wording of the survey questions, the sample size of the survey group, and the demographics of the survey group. Consequently, it’s essential to work with a survey expert.
An experienced firm can help ensure that your survey is designed to provide you with accurate and reliable results. Hiring highly qualified survey experts like Keegan & Donato Consulting will help protect your survey from attack.
Consumer perception surveys can have a significant impact on your IP litigation. Keegan & Donato Consulting will deliver intelligence within your budget to help reinforce your case strategy. Call us at (914) 967-9421 to explore our services.