Consumer survey companies, such as Keegan & Donato Consulting, can help IP litigators in Cleveland establish how consumers view their clients’ trademarks and the products and services with which those marks are associated.
Consumer research surveys are a common approach toward proving likelihood of confusion, secondary meaning, acquired distinctiveness, strength of mark, trade dress, and more.
Keegan & Donato Consulting has designed, implemented, and critiqued hundreds of studies across industries as diverse as designer apparel, high-end audio products and everything in between.
We believe that consumer 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.
Mark Keegan and Tony Donato offer 25 years of experience and a combination of strategic and analytical skills. Mr. Keegan has a background in formulating complex case strategies on behalf of his clients and as a marketing strategist working with top brands. Mr. Donato has a strong analytical background in marketing, intellectual property, and consumer behavior cases covering consumer surveys, trademark, copyright, advertising, business damages, and business ethics.
A well-designed consumer research study can provide empirical evidence on the issue of whether an alleged trademark infringement is having a real-world impact on consumers. Our firm specializes in a wide range of trademark and trade dress analyses and surveys, including:
- Likelihood of Confusion –We measure likelihood of confusion through accepted survey designs and by crafting innovative custom surveys to ascertain whether or not consumers are confused by a party’s use of a contested mark.
- Secondary Meaning –We can help to strengthen your case strategy by designing a study to target relevant consumers in your client’s market and find out how they perceive your client’s brand.
- Acquired Distinctiveness– Consumer research data can assist in proving that your client’s mark has achieved acquired distinctiveness and is not likely to cause confusion about the origin of goods or services associated with the mark.
- Dilution –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 –Issues raised in the Lanham Act, such as misleading advertising or labeling, 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.
Whether you are interested in a consumer confusion survey to support your Cleveland case, a marketing research survey, or another type of trademark survey, take advantage of the extraordinary expertise of our company by contacting Keegan & Donato Consulting at (914) 967-9421.