In today’s competitive marketplace, protecting your intellectual property (IP) is essential to safeguard your innovations and maintain a competitive edge. When faced with infringement, clients often rely on consumer response surveys from Keegan & Donato Consulting to gather crucial insights and strengthen their cases.
Keegan & Donato Consulting is a specialty research firm in Rye, New York, that designs and executes consumer-based surveys regarding intellectual property disputes for attorneys nationwide and their clients.
Why Expert Advice is Valuable
Expert advice can be critical for many reasons, including making the most of fact discovery, framing discovery requests, and identifying issues to investigate in depositions.
Through survey evidence, an expert can help establish whether it’s likely for competing marks to confuse consumers, whether a descriptive mark has acquired secondary meaning, whether a mark is famous, and whether one brand’s mark is likely to be diluted by a competing mark.
Selecting the correct type of survey for a case requires skill and experience. Since each case is unique, Keegan & Donato Consulting approaches survey design on a case-by-case basis. We work side by side with clients to understand and appreciate the fundamental issues driving their cases and work to maximize the value of our research evidence to their overall case strategy.
As consulting experts, Mr. Keegan and Mr. Donato can:
- provide technical and strategic advice;
- analyze the economic, financial, and technical complexities of your case;
- determine suitable deposition questions to ask;
- prepare a testifying expert for deposition and trial;
- objectively evaluate the work of other experts;
- critique potential weaknesses in an adversary’s survey evidence, and write a rebuttal report.
Gaining Valuable Insights to Strengthen Your Legal Strategy Surveys provide a structured approach to collecting consumer responses and perceptions, offering insights into how consumers perceive and differentiate brands. Several types of surveys can be used in trademark confusion analysis:
- Recognition surveys: These surveys aim to measure brand recognition among consumers. By presenting participants with various brand names, logos, or product images, you can determine how well your brand is recognized and whether it is easily confused with others.
- Likelihood of confusion surveys: These surveys assess the likelihood of confusion between two brands. Participants are presented with similar brand names, logos, or product descriptions and are asked to evaluate the likelihood of confusion. This type of survey helps determine if consumers are likely to mistake one brand for another.
- Consumer perception surveys: These surveys delve deeper into consumer perceptions and attitudes towards different brands. Participants are asked to rate brands based on various attributes, such as quality, trustworthiness, and uniqueness. This type of survey provides valuable insights into how consumers differentiate brands and whether there is potential for confusion.
Our team focuses on collecting empirical data from relevant consumers through methodologically sound, scientific, industry-accepted principles of survey research.
Conclusion
Consumer response surveys from Keegan & Donato Consulting provide tangible data that can sway judges and juries, making them an essential tool in IP cases. Reach out to us at (914) 967-9421 to take advantage of our experience and data-gathering expertise.