Consumer survey companies, such as Keegan & Donato Consulting, can design research studies that address relevant consumers in your client’s market in Boston and determine how these consumers perceive your client’s brand. We work on behalf of plaintiffs and defendants to provide independent and reliable survey solutions.
Consumer research studies are a common approach toward proving consumer perception, secondary meaning, strength of mark, acquired distinctiveness, and more. Keegan & Donato Consulting has designed hundreds of studies across a wide range of industries.
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, and consumer behavior cases covering trademark, copyright, patent, best efforts, advertising, business damages, consumer surveys, and business ethics.
At Keegan & Donato Consulting, we understand that the crux of a consumer survey for litigation is a solid methodological foundation. Unlike in an academic environment where conditions are more relaxed, even a minor methodological misstep can spell disaster for a survey expert, and in some instances result in partial or full exclusion from testifying in a case. For this reason, we consider methodological design essential when designing a consumer research study.
Our consumer surveys have been admitted into evidence in federal and state courts, at arbitration, and to the Trademark Trial and Appeal Board (TTAB), and we have testified extensively at deposition and at trial.
We have worked with many Boston firms, including Riemer & Braunstein LLP, Mintz, Levin, Cohn, Ferris, Glovsky & Popeo PC, Morgan, Lewis & Bockius LLP, and leading firms across the nation, to maximize the value of survey evidence to their case strategies.
Surveys in Trademark Litigation
When trademark infringement is alleged, litigants often use consumer research surveys to convince a court that consumer confusion exists (or does not exist) between marks. These surveys provide direct evidence about consumer perceptions that is difficult to achieve from visual comparisons and expert testimony alone.
Keegan & Donato Consulting utilizes an industry-leading online survey software platform to design and execute state-of-the-art surveys that feature:
- Classic and custom survey designs
- Ability to target specific populations
- Balanced, representative panels
- Hundreds of question types and formats
- Advanced question rotation and randomization
- Customizable complex skip and display logic
- Real-time results
- Advanced screening capabilities
- Audio, video and image capabilities
- Graphic design capabilities
Each of our surveys consists of a sampling plan, a set of questions, and a method of administering the questions. Each aspect is designed according to scientific and accepted research practice. Deciding on a survey population that reasonably represents the customers at issue in the case is a key component.
We also have extensive experience critiquing and rebutting surveys submitted by opposing experts. If you are faced with a consumer research survey that may not have been designed or executed properly, we have the expertise to identify methodological flaws and provide analysis for rebuttal in high-stakes disputes.
As you evaluate consumer survey companies to bolster your Boston case, consider Keegan & Donato Consulting. Get in touch today at (914) 967-9421 to find out more about our approach.