Plaintiffs and defendants in Chicago often rely on consumer survey companies, such as Keegan & Donato Consulting, to collect empirical data from relevant consumers via the methodologically-sound, scientific principles of survey research.
Consumer research is the process of asking carefully constructed questions of a sample of relevant consumers to elicit opinions about a certain topic or topics. When properly designed and executed, these studies yield highly reliable data that can be projected to the studied population as a whole.
To satisfy the scrutiny of courts and opponents, trademark surveys must be carefully constructed and follow accepted survey research standards. Our surveys consist of objective, non-leading questions directed to an appropriate universe of consumers. Procedures are in place to minimize biases in data collection, and our services include a complete analysis and reporting of survey data.
Surveys can be an invaluable tool for brands who want to gauge consumer perception of products or services; assess the buying habits of their target market; test the marketplace for a new brand name, logo or idea; and other key marketing issues.
We recently designed and executed a two-pronged market research study to gauge both consumer awareness and consumer perception of a client’s brand. This client organizes and promotes social painting events targeted to a female audience and wanted to see how its brand compared to its competitors.
Qualified respondents were screened to ensure that they were females of U.S. legal drinking age (21 or older) and had recently attended a social painting event or were likely to do so in the near future. The sampling was also restricted to the geographic markets in which the client conducts business.
The results showed that the client is the most recognized social painting brand in its geographic area, that the brand is perceived as “more fun” than its competitors, and that its marketing efforts have been effective. The empirical evidence we collected provided exceptional value to our client in terms of continuing to successfully market its brand.
Under the Lanham Act, trademark owners who claim infringement and unfair competition are generally required to establish two elements: (1) that the defendant used the registered mark in commerce; and (2) that the use is likely to cause consumer confusion.
Consumer surveys are often regarded by courts as the most persuasive evidence of the likelihood of confusion in trademark infringement litigation and TTAB proceedings. This is the most common trademark litigation issue that clients contact us about.
Keegan & Donato Consulting designs, executes and analyzes consumer research studies that will withstand the rigors of litigation and prove likelihood of confusion, secondary meaning, strength of mark, acquired distinctiveness, dilution, genericness, and other Lanham Act issues.
We provide nationwide service to attorneys practicing in federal and state courts, before arbitration panels, the TTAB, the NAB, and other specialty venues. We have been engaged by top firms in Chicago, such as Kirkland & Ellis LLP, Reed Smith LLP, and SmithAmundsen LLC, as well as leading firms from coast to coast.
If you are located in Chicago and are interested in a consumer survey to support a case or a marketing research survey, take advantage of the extraordinary expertise of our company by calling Keegan & Donato Consulting today at (914) 967-9421.