Consumer Survey Assessment

When your case calls for a consumer survey with assessment and analysis from highly qualified experts, get in touch with Keegan & Donato Consulting. We work on behalf of plaintiffs and defendants to provide independent and reliable solutions.

At Keegan & Donato Consulting, we believe that consumer litigation surveys demand a solid methodological foundation. Even a minor misstep can prove problematic for a survey expert, and in some instances may impact the weight the court affords the expert’s survey. For this reason, we consider methodological design essential when designing, executing, and analyzing the results of a consumer research study.

Mr. Keegan is a member of the New York and Connecticut Bar Associations who has a record of formulating complex case strategies on behalf of his clients and a history as a marketing strategist working with top brands. He is an AMA-designated Professional Certified Marketer.

Mr. Donato, who holds a Master of Public Policy degree from Georgetown University, has an extensive background in research, marketing, intellectual property, consumer surveys, and consumer behavior cases covering trademark, copyright, patent, best efforts, advertising, business damages and business ethics.

We have worked with litigation teams from the best IP firms in the nation, including Irell & Manella LLP (Los Angeles), Giampolo Law Group (Philadelphia), Debevoise & Plimpton LLP (New York City), and Ropes & Gray LLP (Washington, DC).

Likelihood of Confusion 

When too similar to an established mark, an infringing mark 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. A likelihood of confusion survey addresses the issue of consumer confusion from a scientific perspective, providing empirical data regarding the extent to which consumers believe that brands at issue emanate from the same source or are somehow related.

Secondary Meaning 

Descriptive marks are not ordinarily protectable as trademarks. When the consuming public has come to identify trademarks that consist of ordinary words with a certain product over time, the mark is said to have acquired secondary meaning. When this happens, a descriptive mark that a business was unable to register initially may be entitled to protection even though it is sometimes used by consumers in a generic sense.

Dilution 

Trademark dilution occurs when an infringing party uses a famous mark in a way that tarnishes the mark’s reputation for quality or dilutes its strength by blurring its distinctiveness.  Consumer recognition of a famous mark can be measured directly by a survey. Because there are a variety of approaches to substantiating a claim of dilution, we work closely with clients to understand the fundamental issues of their unique cases.

False Advertising 

The false advertising section of the Lanham Act gives competitors a cause of action against rivals who engage in misleading advertising or labeling. Issues raised in the Lanham Act are particularly well-suited to testing through consumer research by addressing the ways in which consumers interpret—and misinterpret—names, symbols, and other marks used by businesses in commerce.

To develop consumer survey evidence in support of your case strategy, take advantage of Keegan & Donato Consulting’s proficiency for research, assessment and analysis. Our consumer studies will meet the courts’ standards for design, execution and analysis. Get in touch with us at (914) 967-9421 to find out how we can work within your budget to get you the survey results that you need.

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