As you evaluate consumer survey companies for litigation in Miami, consider Keegan & Donato Consulting. We can help you address the issue of consumer confusion from a scientific perspective, and provide empirical data to bolster your case.
Keegan & Donato Consulting is a specialty research consultancy and one of the most experienced firms in the field of trademark litigation. We utilize classic survey designs as well as innovative custom designs to meet our clients’ needs.
With a combined 25 years of experience in conducting consumer research studies, the firm works on behalf of both plaintiffs and defendants to provide research, analysis, affidavits, declarations and expert reports as needed in support of trademark infringement and trade-dress litigation, and has collaborated extensively on cases involving marketing, business and financial issues.
We can work within your budget to deliver the survey evidence you need, and have been engaged by leading IP litigators such as Fox Rothschild LLP in New Jersey and Philadelphia, Duane Morris LLP in New York, Arnold & Porter LLP in San Francisco, and attorneys throughout the nation.
Surveys in Trademark Litigation
The Lanham Act provides protection against the unauthorized use of a registered mark in a manner that is “likely to cause confusion, or to cause mistake, or to deceive.” Consumer surveys can be influential in determining whether a likelihood of confusion exists, particularly in the absence of other persuasive evidence. They can also be instrumental in settlement negotiations.
Litigants often use consumer research surveys as empirical evidence that consumer confusion exists (or does not exist) between trademarks when trademark infringement is alleged. These surveys provide projectable information about consumer perceptions that is difficult to achieve from visual comparisons and expert testimony alone.
Keegan & Donato Consulting specializes in a wide range of trademark and trade-dress analyses and surveys, including:
- Likelihood of Confusion Surveys –Keegan & Donato Consulting has designed and critiqued hundreds of likelihood of confusion studies to ascertain whether or not consumers are confused by a party’s use of a contested mark.
- Secondary Meaning Surveys – Descriptive marks are not ordinarily protectable as trademarks. If they have acquired a secondary meaning, however, they may be able to be protected. We can design a consumer research survey to target relevant consumers in your client’s market and determine the extent to which consumers associate a contested mark with a single or multiple sources.
- Strength of Mark Surveys – Consumer surveys can be very useful in measuring consumers’ familiarity with a brand. If your case involves strength of mark, it may benefit from a survey that determines the level of consumer recognition of the mark.
- Acquired Distinctiveness Surveys –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.
- Lanham Act Claims – A methodologically sound survey conducted by Keegan & Donato Consulting can strengthen your Lanham Act case by providing empirical evidence on the issue of whether an alleged trademark infringement is having a real world impact on consumers.
When your litigation in Miami requires reliable, precise data, consider consumer survey companies like Keegan & Donato Consulting that offer the qualifications and expertise to quickly deliver intelligence within a wide range of budgets. Contact us today at (914) 967-9421 to find out how we can help.