When faced with IP litigation in Charlotte, consumer survey companies, such as Keegan & Donato Consulting, can help you establish how consumers view your clients’ trademarks and the products and services with which those marks are associated.
Whether you need to evaluate consumer perception of products or services; measure consumer understanding of contested marketing claims; test the marketplace for a new brand name, logo or concept; or other key marketing issues, consumer surveys are an invaluable tool.
Keegan & Donato Consulting works on behalf of attorneys and their clients to provide research, analysis, affidavits, declarations and expert reports in support of trademark infringement and trade-dress litigation, and has collaborated extensively on cases involving marketing, business and financial issues. Our litigation surveys have been accepted as evidence in matters involving a broad range of products and services.
What We Do for Our Valued Clients
- Design, execute and present results of:
- trademark litigation surveys, including likelihood of confusion, secondary meaning, trade dress, strength of mark, genericness, fame, and others;
- false and deceptive advertising, consumer perception, and other types of marketing surveys;
- Critique and rebuttal of trademark and marketing surveys;
- Damages and forensic economic analyses;
- Expert witness testimony on consumer survey, marketing and economic issues.
The Importance of Consumer Surveys
Consumer research studies can provide direct evidence about consumer perceptions that is difficult to achieve with visual comparisons and expert testimony alone. Litigants often use these surveys to convince a court that consumer confusion exists (or does not exist) between trademarks when infringement is alleged. Survey evidence can also be influential in settlement negotiations.
Surveys are scrutinized by courts, however, and can be afforded little or no weight if deemed to be unscientific or poorly constructed. Therefore, choosing an expert who will be able to withstand cross-examination and explain his or her survey methodology in a clear and concise manner is essential.
Keegan & Donato Consulting offers extensive experience in conducting consumer research studies. The surveys we have designed have been admitted into evidence in federal and state courts, at arbitration, and to the Trademark Trial and Appeal Board (TTAB), the NAD, and other specialty venues. We have also testified extensively at deposition and at trial.
We will work within your budget to deliver the survey evidence you need, and have been engaged by leading IP litigators such as Betancourt, Van Hemmen, Greco & Kenyon LLC in New Jersey, Duane Morris LLP in New York, Girard Gibbs LLP in San Francisco, and attorneys nationwide.
We can also help you analyze the economic, financial or technical complexities of your case; assist in your assessment of different case strategies; determine which deposition questions to ask; help you prepare a testifying expert for deposition and trial; or critique the potential weaknesses in an adversary’s survey evidence in a rebuttal report. These services can have a significant impact on your client’s case.
As you look for consumer survey companies to design and execute reliable consumer research studies to strengthen your Charlotte case strategy, get in touch with Keegan & Donato Consulting at (914) 967-9421 to find out how we can help.