Experienced consumer survey companies, such as Keegan & Donato Consulting, can help bolster your marketing or commercial litigation case in Baltimore by conducting a study to research and analyze the beliefs and attitudes of consumers toward your client’s product or mark.
Keegan & Donato Consulting specializes in consumer-based survey research. We have designed and executed hundreds of surveys that have been admitted into evidence in state and federal courts, at arbitration, to the NAB, and to the Trademark Trial and Appeal Board (TTAB).
We have developed surveys for plaintiffs and defendants across the nation on issues related to likelihood of confusion, secondary meaning, acquired distinctiveness, strength of mark, dilution, genericness, false advertising, and many other trademark and trade dress analyses.
We provide the following services related to trademark and marketing litigation:
- State-of-the-art design, implementation, and presentation
- Expert analysis and report preparation
- Expert witness testimony on consumer survey, marketing and economic issues
- Critique and rebuttal of reports from opposing experts
- Damages and forensic economic analyses
- Guidance on the questioning of opposing experts at deposition or trial
Principals Mark Keegan and Anthony Donato offer impeccable credentials and 25 years of combined experience in conducting consumer surveys in the context of intellectual property disputes.
Mr. Keegan’s background in complex litigation on behalf of clients involving marketing, economics, business, and financial issues, together with Mr. Donato’s background in research, survey design and execution, strategy and data analysis, create a unique blend of strategic and analytical skills.
We are capable of quickly delivering intelligence within a wide range of budgets.
Avoiding Survey Pitfalls
Consumer surveys are common in Lanham Act cases and are the most direct method of showing a likelihood of confusion among consumers in trademark infringement cases.
Surveys can also be a very useful tool for brand holders who want to gauge consumer perception of products or services; evaluate the buying habits of their target market; test the marketplace for a new brand name, logo or idea; and other key marketing issues.
While surveys can provide powerful and valid evidence, an overly broad survey that fails to address the key issues in a case, even if based on an accepted methodology, may be deemed inadmissible or given little weight.
Many consumer surveys are found by courts to contain flaws, such as asking leading, suggestive or ambiguous questions, under-inclusive or over-inclusive sampling of the consumer universe, sampling from the wrong geographic area, and so on. These flaws can reduce the weight that is given to the survey by the court.
For this reason, it is crucial to employ experts, such as Keegan & Donato Consulting, who can:
- conduct surveys with rigorous methodological principles
- document and support the choice of survey questions and sample method
- minimize the possibility of bias
- carefully analyze the data gathered
- support the results with knowledgeable, reliable expert testimony
Our careful application of methodologically sound guidelines in the design, execution and analysis of surveys ensures accurate results and supported conclusions.
Whether you are in Baltimore or another area of the U.S., seek out consumer survey companies like Keegan & Donato Consulting with extensive knowledge in survey methodologies to ensure valid and reliable results. Call us today at (914) 967-9421 to learn how we can help.