Keegan & Donato Consulting is a specialty consumer research consultancy. We help litigators solve their biggest IP litigation and marketing research challenges by means of methodologically sound consumer surveys.
Why Choose Us
Keegan & Donato Consulting has designed and executed hundreds of consumer survey research studies across many different industries and collaborated on a wide range of marketing and complex commercial litigation issues, including damages analysis, forensic economic analysis, and related areas.
Principals Mark Keegan and Anthony Donato have over 25 years of combined experience and education in consumer-based survey research and data analysis, and follow a solid methodological foundation in survey design, execution, analysis, and presentation.
Our credentials include:
- Juris Doctor from Brooklyn Law School (Keegan)
- Member of the New York and Connecticut Bar Associations (Keegan)
- Bachelor of Arts in History from Pace University (Keegan)
- AMA-designated Professional Certified Marketer (Keegan)
- Master of Public Policy from Georgetown University (Donato)
- Bachelor of Arts in Politics from Ursinus College (Donato)
- Co-author of peer-reviewed journal articles (Donato)
The firm has been engaged by leading IP litigation firms across the nation, such as Day Pitney LLP in New York City, Girard Gibbs LLP in San Francisco, Arent Fox in Washington, DC and Giampolo Law Group in Philadelphia, to help them navigate the challenges their clients face.
Value of Consumer Surveys
Consumer research studies are commonly employed to prove likelihood of confusion, secondary meaning, strength of mark, acquired distinctiveness, dilution, and other Lanham Act issues in the context of trademark and trade-dress litigation.
Consumer research studies are also an invaluable tool for gauging consumer perception of products or services and examining issues such as the extent to which particular marketing claims influence consumer demand for a product, how marketing communications impact consumer likelihood of purchase, and the relationship between marketing communications and the consumer’s willingness to pay a premium for a product.
Although good survey evidence can be powerful, consumer surveys typically are not accepted without challenge. Courts demand accurate, real-world data, and poor designs and methodological flaws can result in partial or full exclusion of survey evidence from a case.
For example, in Water Pik, Inc. v. Med-Systems, Inc., 726 F.3d 1142, 1144-50 (10th Cir. 2013), there is a lengthy discussion about the Court’s conclusion that survey evidence submitted by the defendant, “had too many methodological flaws to be of any probative value.”
Experience is one of the most important factors in selecting the appropriate expert for your case. The expert must have the right balance of educational background and practical research experience. Employing a qualified survey expert, such as Keegan & Donato Consulting, will have a significant impact on whether the court deems your survey results admissible.
IP litigators from coast to coast rely on the consumer research expertise of Keegan & Donato Consulting. We can deliver persuasive survey evidence that will stand up to judicial scrutiny. Contact us at (914) 967-9421 to learn more about our approach and our affordable services.